(영문) 대구지방법원 서부지원 2014.03.27 2013고단1641

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(영문) 대구지방법원 서부지원 2014.03.27 2013고단1641

교통사고처리특례법위반등

Text

Defendant shall be punished by imprisonment without prison labor for six months and by a fine of 300,000 won.

If the defendant fails to pay the above fine, 50.

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 C.

At around 14:50 on November 11, 2013, the Defendant driven the above Oral Ba, and led to approximately 64 km at the speed of 14 km away from 14:50 on the front side of the restaurant, the Black Au king-gu in Daegu-gu, Daegu-gu, to drive a three-lane road in front of the restaurant.

In this case, there was a duty of care to check the front side and the right and the right and the right and the right and the safety of the career of the person who is engaged in the driving of the Otoba, and drive safely.

Nevertheless, the defendant neglected this and neglected the driver's license without obtaining a driver's license, and did not discover a bicycle driven by the victim D (year 78) who was driving on the left side from the right side of the defendant's running direction to the left side, and caused the victim to go over the floor with the front qui part of the victim's bicycle.

Ultimately, at around 17:26 of the same day, the Defendant caused the death of the victim due to cerebrovassis from a traffic accident at the emergency department of the E Hospital.

2. Violation of the Road Traffic Act (Non-licensed Driving) the Defendant driven the above Oral Sea on the section of about 10km from the road front of the E Hospital located in Daegu-gu, Daegu-gu to the front of the restaurant, and from the section of about 10km from the end of the same month-gu to the front of the restaurant.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

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

1. Relevant legal provisions concerning criminal facts, Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents in the Selection of Punishment, Article 268 of the Criminal Act (the occupation of death by occupational negligence, the choice of imprisonment without prison labor), subparagraph 2 of Article 154 and Article 43 of the Road Traffic Act (the occupation of driving without a license and the selection of fines).

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