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(영문) 광주지방법원 2014.02.07 2013고단5778
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

The defendant is a person who is engaged in driving a siren car.

1. On October 8, 2013, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (hereinafter “Special Cases Concerning the Settlement of Traffic Accidents”), without obtaining a driver’s license at around 07:45 on October 8, 2013, came to proceed by using one way among three-lanes in the direction of the triang-dong Office in the direction of the triang-dong Office.

At the time, there was a person crossing a bicycle on the left side of the defendant's running direction, so in such a case, there was a duty of care to thoroughly stop the car driving person and reduce the speed so that the above bicycle can not be shocked.

Nevertheless, the Defendant did not discover the victim C (73 years of age) who crosses a bicycle from the right-hand side of the Defendant’s running direction to the left-hand side due to negligence not to reduce the speed by neglecting the front-side city, and did so by sufficient parts of the bicycle’s left-hand side, making the victim go beyond the road, thereby resulting in the victim’s protruding-out transfusion. At D hospital around October 22, 2013, the Defendant died by pressure, etc.

2. The Defendant violated the Road Traffic Act (unlicensed driving) without obtaining a temporary driving license as referred to in the above paragraph, driving the said vehicle at approximately 500 meters from the front road of the 789-7, Samang-dong, Samju-gu, Gwangju to the front road of the restaurant in the Joseon Dynasty, which was located in the same Dong.

Summary of Evidence

1. Defendant's legal statement;

1. Inquiry into the driver's license ledger;

1. Application of Acts and subordinate statutes of a death certificate;

1. Relevant provisions of Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act concerning criminal facts (the occupation of driving without a license and the choice of imprisonment);

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2 and (2), and Article 50 of the Criminal Act;

1. Suspension of execution;

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