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(영문) 대구지방법원 2015.04.09 2014고단5444
교통사고처리특례법위반등
Text

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

Reasons

Punishment of the crime

"2014 Highest 5444" Defendant is a person who is engaged in driving a DPoter cargo vehicle.

On September 20, 2014, the Defendant driven the above cargo vehicle without a driver's license on September 20, 2016:40, and continued one way in front of the F cafeteria in Daegu Dong-gu, Daegu, to the subway station in the same village area.

However, in order for a person engaged in driving service to overtake the above cargo vehicle, he/she has a duty of care to prevent accidents by safely overtaking the vehicle, such as taking the front side and the left side.

Nevertheless, the Defendant, who violated the above duty of care, overtakened the victim G (year 74)'s bicycle running ahead of it, and caused the collision of the above bicycle on the right side of the truck to go beyond the road.

Ultimately, at around 16:32, the Defendant caused the death of the victim due to cerebral cerebral cerebral in the Daegu-ro 99 Daegu-gu Hospital due to the foregoing occupational negligence.

On December 4, 2014, at around 12:40, the Defendant driven a H-type cargo vehicle without obtaining a driver's license in the section of about 500 meters from the front of the first apartment to the front of the T-type cell phone in the 293 North East-gu, Daegu-gu, Daegu-gu. from December 12:4, 2014.

Summary of Evidence

"2014 Highest 544"

1. Defendant's legal statement;

1. Registers of driver's licenses;

1. A death certificate;

1. "A traffic accident report and a traffic accident report (on-site investigation report)";

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes concerning driver's license inquiry;

1. Relevant legal provisions concerning criminal facts, 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, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act (Unlicensed Driving, Selection of Imprisonment);

1. The former part of Article 37 and Article 38(1)2 and (2) of the Criminal Act among concurrent crimes

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