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(영문) 대전지방법원 홍성지원 2019.06.05 2019고단160
교통사고처리특례법위반(치사)
Text

1. Defendant A shall be punished by imprisonment without prison labor for one year;

However, the above sentence shall be executed for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Defendant A, who is engaged in driving of 1 ton cargo vehicles C, was driving the above cargo vehicle around 18:20 on December 9, 2018 and turn to the left from the side of the F apartment to G at the distance of the 3-distance intersection where E, a yellow view is destroyed, etc. in front of the E in Chungcheong D, by driving the above cargo vehicle.

In such cases, the driver of a motor vehicle has a duty of care to take the front side and the left side well, to accurately operate the steering and brake system, and to check whether a motor vehicle is proceeding in another direction, and to ensure that the driver of a motor vehicle has a duty of care to prevent accidents in advance by driving the motor vehicle safely.

Nevertheless, the defendant neglected to turn to the left and went to the left as it is, due to the negligence that the defendant received, the front part of the non-registered ESCO7110cc two-wheeled vehicle operated by the victim H (the age of 18) who was directly a F apartment room from the inside of the budget office, and used the front part of the ESCO7110cc two-wheeled vehicle to the front right side of the

Ultimately, the Defendant caused the victim to die at the site due to the above occupational negligence.

2. Defendant B

A. The Defendant violated the Road Traffic Act, as a business owner operating a restaurant in Chungcheongnam-nam Budget-gun I, was an employer who is not exempted from providing delivery services using Otoba, etc. to employees without a motorcycle driver’s license. However, on December 9, 2018, the Defendant, like the foregoing paragraph (1), operated a two-wheeled vehicle with 110cc or more owned by Defendant H, as in December 18:20, 2018, without obtaining a license, from the front of the J cafeteria in Chungcheongnam-gun I to the front of the E-distance intersection in D via K apartment.

B. On December 9, 2018, the Defendant violated the Guarantee of Automobile Accident Compensation Act as the holder of a two-wheeled Automobile without registration, ESCO7 110cc., and was not covered by mandatory insurance, such as the foregoing paragraph 1, around December 18, 2018.

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