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(영문) 광주지방법원 목포지원 2016.02.02 2015고단1668
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 a period of 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 the operation of a rocketing car.

On July 9, 2015, the Defendant, without obtaining a driver’s license for a motor vehicle from around 07:20 on July 9, 2015, driven the said motor vehicle and proceeded at a four-lane road in front of the “E” located in Young-gun D, Nam-gun, Young-gun, in a speed of about 89 km at the speed of the city according to the speed of 89km from the surface of the Young-si, Young-si, the military air.

Since the speed of restriction is 60 km per hour, and it is frequently crossing the ordinary without permission, there was a duty of care to prevent accidents in advance by driving a motor vehicle in compliance with the speed limit and by driving a motor vehicle.

Nevertheless, the Defendant neglected this and took part of the victim F (F, 56 years old, China's nationality) who was crossing the said road without permission on the left side of the horse course due to negligence in the course of the business operation where the speed of the restriction exceeds 20 km per hour without a driver's license.

Ultimately, around 08:00 on the same day due to the above occupational negligence, the Defendant caused the death of the victim due to the injury to the external brain.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

1. A death certificate;

1. The driver's license ledger (A);

1. Evidence and photographs of the traffic accident scene;

1. Filing an investigation report (as regards the analysis of the motor vehicle black image), the application of laws and regulations to report an investigation (as regards the speed of the motor vehicle)

1. Relevant Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents by the Selection of Punishment, Article 268 of the Criminal Act (the occupation and the de facto occupation, the choice of imprisonment without prison labor), Article 152 Subparag. 1, and Article 43 of the Road Traffic Act (the unauthorized driving, the choice of imprisonment without prison labor) concerning criminal facts;

1. The aggravated punishment for concurrent crimes under the former part of Article 37, Article 38(1)2 and (2), and Article 50 of the Criminal Act (the punishment shall be aggravated within the extent that the total sum of the long-term punishment for the crime of violating the Act on Special Cases concerning the Settlement of Traffic Accidents, which is heavier than the punishment, and the punishment shall be aggravated as imprisonment);

1. Article 62 of the Criminal Act:

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