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(영문) 수원지방법원 여주지원 2013.04.22 2013고단119
교통사고처리특례법위반등
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The Defendant in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents is a person who is engaged in driving a vehicle of marina freight.

At around 06:50 on January 5, 2013, the Defendant driven the above cargo vehicle without a driver’s license, and proceeded at a speed of about 30 km per hour along the first line in order to turn to the left on the two-lane road in the direction of the “SK Haak Haak”, which is located in the Asia-Eup, Young-si, Young-si.

At the time, a person engaged in driving of a motor vehicle has a duty of care to look at the front and rear left side of the new wall and to prevent accidents by driving the motor vehicle while driving the motor vehicle properly.

Nevertheless, the Defendant neglected this and did not discover the victim D ( South and 38 years old) crossing the road from the “SK off” side of the “SK off” road and did not discover the victim D (Nam and 38 years old) and proceeded as it is, by negligence, got the said victim to go beyond the road.

Ultimately, around 12:37 January 201, 2013 due to the above occupational negligence, the Defendant caused the death of the above victim, who was receiving medical treatment due to the above traffic accident at the Gwangjin-gu Seoul Special Metropolitan City E Hospital, due to the multi-long-term function transfer and the cerebral cerebraloptysis.

2. The Defendant violated the Road Traffic Act (unlicensed Driving) at the date and time set forth in the above paragraph 1 (1) of the same Article, without a vehicle driver’s license, driven the said C MT truck within approximately 6 km section from the front to the front road of the “SK Haak-ri, Hacheon-si, Hacheon-si, Hacheon-si, Hacheon-si, Hacheon-si.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report (1) (2);

1. A traffic accident-related photograph and a black image photograph;

1. Registers of driver's licenses;

1. Application of Acts and subordinate statutes of death certificate (D);

1. Relevant Articles of the Act and the choice of punishment concerning the facts constituting the crime;

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