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(영문) 대구지방법원 포항지원 2019.01.30 2018고단1544
교통사고처리특례법위반(치사)등
Text

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

However, 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 driving a two-wheeled vehicle B, MIMGE.

1. On September 21, 2018, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (Death, etc.) driving the said two-wheeled motor vehicle without obtaining a driver’s license (Class II small-sized motor vehicles) on September 21, 2018, and driving the two-lane road in front of the two-lane C in the north-gu of the port north-gu of the port along two-lanes from the clock of the port.

At night and at the front of the defendant, the victim E (the age of 67) was flicked, so in such a case, the driver of the motor vehicle had a duty of care to safely drive the motor vehicle by checking the front door and the left and left well and reducing the speed in advance.

Nevertheless, the defendant neglected to obtain a driver's license and proceeded as it is, by negligence, received the part of the victim's chest in front of the left side of the two-wheeled automobile.

As a result, the Defendant had the victim receive treatment at G Hospital located in the Southern Port F of the South-gu, South-gu, on September 24, 2018 due to such occupational negligence, and caused the death of the victim due to the climatic depression.

2. On September 21, 2018, the Defendant was driving a two-wheeled vehicle without obtaining a driver’s license (Class 2 small-sized vehicle) from the front of the bus terminal located in the south-west Port Inter-city 85, T, to the front road located in the north-west Port C, at approximately 8km section, from September 21, 2018.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement related H;

1. A report on the occurrence of a traffic accident, an accident site photograph, a traffic accident report, and a photograph related to a traffic accident;

1. Investigation report (verification of whether a person has a Class II driver's license for small-sized vehicles) - Request for cooperation in investigation data (request for a copy of the register of driver's license for motor vehicles

1. A death certificate;

1. Investigative Report - A traffic accident video CD-traffic accident-traffic accident-related photographs;

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