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(영문) 대구지방법원 김천지원 2019.06.25 2019고단229
교통사고처리특례법위반(치사)등
Text

Defendant shall be punished by imprisonment with prison labor of one year and six months and by a fine of three hundred thousand won.

The defendant does not pay the above fine.

Reasons

Punishment of the crime

1. The Defendant is a person who is engaged in driving a low-to-low-to-low-low-water driver without registration in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents, Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) and Violation of the Road Traffic Act (Unlicensed Driving).

At around 01:50 on October 27, 2018, the Defendant driven the above Oralba, without obtaining a motorcycle driver's license, and led the Defendant to drive the above Oralba, along the intersection of the head of the Gu/U.S., from the parallel of the Gu/U.S. to the direction of the latter.

Since there is an intersection in which traffic signal, etc. are installed, there was a duty of care to safely drive a motor vehicle according to the traffic signal by checking well the front left by a person engaged in driving of the motor vehicle.

Nevertheless, the defendant neglected this and caused the victim F (17 years old) who was seated on the back of the front part of the defendant's Otobane, which was driven by the victim D(50 years old) driving from the front part of the front part of the front part of the front part of the front part of the front part of the defendant's Otobane, to turn to the left from the front side of the left side of the maton line.

The Defendant, due to such occupational negligence, suffered injury to the victim D, such as dume, tensions, etc. in need of medical treatment for about 10 days. On October 29, 2018, the Defendant caused the death of the victim F in the H Hospital located in Gumi-si G, Gumi-si, Seoul Special Metropolitan City due to brain death.

2. The Defendant in violation of the Guarantee of Automobile Accident Compensation Act is a holder of Oral Ba, 124.9c GTS125 Bovine Ferry.

No motor vehicle which is not covered by mandatory insurance prescribed by the Guarantee of Automobile Accident Compensation Act shall be operated on a road.

Nevertheless, the defendant operated the above Oral Ba which was not covered by mandatory insurance at the time and place above.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1.I.D.

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