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(영문) 제주지방법원 2019.01.21 2018고단961
교통사고처리특례법위반(치사)등
Text

1. Defendant A shall be punished by imprisonment with prison labor for one year.

2. Defendant B shall be punished by imprisonment for six months.

except that this shall not apply.

Reasons

Punishment of the crime

1. Defendant A

A. Violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents (Death and Injury) is a person who is engaged in driving of a vehicle with C investment vehicle.

On January 7, 2018, the Defendant driven the said car without a driver's license on January 7, 2018, and driven the said car and driven the bend road by a one-lane of the two-lanes in front of Seopopopo City D from the direction of the E Industry Complex.

At the time, since the road is night and bend and bend by rain, the driver of the vehicle has a duty of care to check whether there is an obstacle in the course by reducing the speed and accurately manipulating the steering and brakes.

Nevertheless, the Defendant, without a driver's license, got a stone fence on the left-hand side of the running direction and moved the vehicle back.

Ultimately, the Defendant, by such occupational negligence, caused the death of the Victim F (year 26) who was on the back side of the said car at G Hospital around 09:20 on January 29, 2018, due to serious brain damage, etc. at the G Hospital, and at the same time, caused the injury of the victim H (year 23) who was on the top of the said car to four weeks of medical treatment, such as four or more closed dup duptures, which affected the victim H (age 23) who was on the back side of the said car, and suffered damage to the victim B (age 30) who was on the back side of the said car for two weeks of medical treatment.

B. Around 00:35 on January 7, 2018, the Defendant was driving a vehicle with Chicking without a driver’s license in the section of approximately 6.9 km from the mutual unsing front of the instant port in Seocho-si I to the said port road.

C. The Defendant is likely to be aware of a traffic accident like the above paragraph (a) at the same time, at the same place, and without obtaining a driver’s license, and at the same time and place as the above paragraph (a).

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