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(영문) 청주지방법원 충주지원 2021.03.05 2020고단649
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months and by a fine not exceeding five hundred thousand won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

1. Violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents (Death, etc.) is a person engaging in driving a rocketing car.

On October 25, 2020, the Defendant driven the said car without obtaining a driver’s license from around 01:50 on October 25, 2020, and led the Defendant to drive the said car at a speed of about 70 km per hour in the direction of a yellow-do road in the direction of a yellow-Eup.

At the time, it was difficult to leave the vicinity of the road at night, and there was a pedestrian crossing the road without permission on the front side of the defendant's moving direction. In such a case, there was a duty of care to reduce speed and prevent accidents in advance by well examining the right and the right of the driver of the vehicle.

Nevertheless, the Defendant failed to discover the victim D, who is to cross the crosswalk without permission, even though the Defendant was negligent in neglecting the duty of the front-round driver, and failed to find out the victim D, and received the victim's bridge part as the front-round part of the said car.

Ultimately, the Defendant caused the death of the victim by occupational negligence above.

2. On the day specified in paragraph 1 above, Defendant 1 driven the B rocketing car at approximately 11 km section from the roads near the E-market in the Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do, to the front of the F-gun, Chungcheong-gun, without obtaining a driver’s license.

3. Violation of the Immigration Control Act;

(a) Any foreigner may sojourn in the Republic of Korea within the limits of his/her status and period of sojourn;

Nevertheless, the Defendant entered the Republic of Korea with the status of stay exempted from visa (B-1) around December 24, 2019 and stayed in the Republic of Korea until October 25, 2020 despite the expiration of the period of stay on January 23, 2020.

(b) An alien who intends to stay in the Republic of Korea shall always carry a passport, seafarer identification certificate, alien entry permit, alien registration certificate or landing permit.

Nevertheless, it is not possible.

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