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(영문) 수원지방법원 2015.01.29 2014고단5773
교통사고처리특례법위반등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

On May 28, 2014, the Defendant issued a summary order of KRW 5 million as a fine for a violation of the Road Traffic Act (driving) at the Suwon District Court on May 28, 201, and KRW 5 million as a fine for a violation of the Road Traffic Act (driving) at the same court on September 11, 2013.

1. On October 4, 2014, the Defendant violated the Road Traffic Act, the Road Traffic Act (driving without a license), and the Guarantee of Automobile Accident Compensation Act: (a) on the same day, on the roads in front of the Agricultural Cooperatives in which Suwon-si 13-13 was located; (b) around 05:25 on the same day from the roads in front of the Agricultural Cooperatives in which Suwon-si 13-13 was operated to the roads in Fynwon-ro 158; and (c) on the 1.8km section in Fynwon-ro 1.8 meters, without a driver’s license, operated the Cyn motor vehicle with no mandatory insurance without having a blood alcohol concentration of 0.074%

2. On October 4, 2014, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents, at around 05:25, the Defendant driven a low-income motor vehicle listed in paragraph (1) while under the influence of alcohol without obtaining a driver’s license on October 4, 2014, and proceeded from the right side of each building distance to the dry field distance of 50 km a speed from the right side of each two-lane.

A person engaged in driving service has a duty of care to prevent accidents by accurately operating the steering gear and steering the steering gear and the steering gear well.

Nevertheless, under the influence of alcohol, the defendant neglected this and went beyond the victim E (the 60-year old) who was crossing the roadway to the right side from the left side of the proceeding direction due to the negligence of the defendant's neglect.

As a result, the Defendant caused the victim to die by occupational negligence as above, around October 16, 2014, at around 20:10, from the time of Suwon-si, the main unit of Suwon-si, 93 Sung-si Hospital Central Patients' Office to the multiple long-term unit.

Summary of Evidence

1. Defendant's legal statement;

1. F's statement of traffic accident-related person;

1. The actual condition of traffic accidents;

1. A report on the oral statement of the driver;

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