(영문) 창원지방법원 마산지원 2015.03.17 2015고단111

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(영문) 창원지방법원 마산지원 2015.03.17 2015고단111

교통사고처리특례법위반등

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

except that the execution of the above punishment shall be suspended for 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 the BF truck.

On October 14, 2014, at around 18:20, the Defendant, without a driver’s license, driven the above truck and proceeded along two lanes in front of the Manpo-gu, Changwon-si, Changwon-si, the two-lanes of the two-lanes in front of the Manpo-gu.

At night, there is a commercial building on both sides of the road where the view flows, and in such a case, there is a duty of care to check the safety of the course and prevent accidents in advance by driving the vehicle driving person, as it is an area where ordinary pedestrians cross the road without permission.

Nevertheless, the Defendant neglected to do so and negligently driven the road by driving it by force without driving it on the front side of the course of the course of the course of the course, and the victim C (the 74 years old) who opened the road by towing the hand shoulder on the right side from the left side of the front side of the course of the course of the course of the course was assigned to the front part of the

Ultimately, around October 15, 2014, around 03:57 on October 15, 2014, the Defendant caused the victim to die with severe cerebral cerebral cerebralop, which was being treated by the Samsung Changwon Hospital located in Samsung Changwon-si, Changwon-si. 158.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. Registers of driver's licenses;

1. Application of Acts and subordinate statutes of a death certificate;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act concerning facts constituting an offense (the occupation of driving without a license and the choice of imprisonment);

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 38 (2), and 50 of the Criminal Act (limited to an aggravated punishment as provided for in the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents, which shall be punished by imprisonment with prison labor within the scope equivalent to the sum of the maximum

1. Article 62(1) of the Criminal Act:

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