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(영문) 전주지방법원 정읍지원 2014.06.17 2014고단181
교통사고처리특례법위반등
Text

A defendant shall be punished by imprisonment for six months and a fine of three hundred thousand won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

On December 7, 2013, the Defendant, who is engaged in the driving of Oraltoba, CITI 100 cc., operated the above Oraltoba without obtaining a driver's license on December 18, 2013, and continued to drive the above Oraltoba, which was not covered by mandatory insurance, along with a one-lane way from the right side of the Eghyeong-si to the right side of the Egyeong-si.

At the time, it was difficult at night, and the location was left ahead of the same direction as the road front of the village, so in such a case, a person engaged in driving service has a duty of care to reduce speed and drive safely by checking well.

Nevertheless, the Defendant neglected to do so and neglected to do so, and caused the Defendant to go beyond the hump lower than the hump of the victim on the right side of the running direction, instead of finding the victim D (71 years old) and having the Defendant go beyond the hump to the front part of the Defendant driving.

After all, the Defendant caused the death of the victim from the above occupational negligence, namely, the blood shock, etc.

Summary of Evidence

1. Defendant's legal statement;

1. The actual survey report and on-site photographs;

1. The ledger of driver's licenses;

1. Mandatory insurance policies (C);

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

1. Article 3 (1) of the relevant Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 46 (2) 2, Article 8 of the Guarantee of Automobile Accident Compensation Act, Article 154 subparagraph 2, and Article 43 of the Road Traffic Act concerning facts constituting an offense;

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

1. Articles 70 and 69 (2) of the Criminal Act to attract a workhouse;

1. Article 62 (1) of the Criminal Act (Consideration to the agreement with the bereaved family members of the victim);

1. Social service order under the Criminal Act;

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