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(영문) 대구지방법원 영덕지원 2014.09.03 2014고단68
교통사고처리특례법위반등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

1. The Defendant in violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents is a person who is engaged in driving of C New Flaun Engines.

On April 11, 2014, the Defendant operated the said car without obtaining a driver's license on April 13:15, 201, and proceeded with the national highway No. 31 in front of the solar agricultural machinery, which is located in Shin-gu, New-ri, New-ri, Gyeong-ri, at the speed of 107 km from the troup on the side of the troke-ri office.

Since the place is at the speed of 30 km per hour as a child protection zone, there was a duty of care to ensure safety of the course by complying with the speed limit and by checking well the right and the right and the right of the person engaged in the vehicle driving.

Nevertheless, the Defendant neglected this and caused the victim D (the age of 66) who crosses the road to the right side of the left side due to the negligence of driving the speed exceeding 77 km per hour.

Ultimately, due to the above occupational negligence, the Defendant caused the death of the victim at the Andong Hospital located in the Andong Hospital located in the Andong-si, Andong-dong, 11, on April 11, 2014, due to the non-epidemic shock, etc.

2. On April 11, 2014, the Defendant violated the Road Traffic Act (unlicensed Driving) at around 13:15, 2014, the Defendant driven C New Franchising car without obtaining a driver’s license for approximately 10km section from around the Defendant’s house located in Chungcheongnam-gun, Chungcheongnam-gun, to the national highways No. 31 in front of the Dongyang Agricultural Machinery located in the new Doyang-ri.

Summary of Evidence

1. Defendant's legal statement;

1. An interrogation protocol of the police against the accused;

1. The police statement concerning F;

1. A death diagnosis report (D) and a corpse autopsy report;

1. A traffic accident report, a report on actual condition survey, each photograph, an investigation report (with respect to the calculation of skiing marks), the details of revocation of driver's license (A), and the application of the ledger of driver's license (A);

1. The point of death of a victim of a traffic accident under Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Special Cases concerning the Selection of Punishment for Criminal Facts, Article 268 of the Criminal Act;

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