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(영문) 의정부지방법원 고양지원 2018.02.08 2017고단2796
교통사고처리특례법위반(치사)등
Text

A defendant shall be punished by imprisonment for a term of one year and four months.

Reasons

Punishment of the crime

1. The Defendant is a person who is engaged in driving a D Star Corma vehicle.

On July 29, 2017, the Defendant: (a) around 22:35, the head of the Civil Defense Education Office located in Seoyang-gu, Seoyang-gu, Seoyang-gu, Seoyang-gu, 97, is moving back the shooting distance in front of the head of the Civil Defense Education Office to the front slope of the original party from the front of the front high school; (b) the pedestrian crossing is installed in the front direction; and (c) the pedestrian walking, etc. in the crosswalk, etc. does not stop in front of the crosswalk due to green signal, and proceeds as it is without stopping in front of the crosswalk; and (d) the victim E (the 40 years old) was on the front part of

Ultimately, the Defendant caused the victim to die due to the above occupational negligence on September 10, 2017, at G hospitals located in Gyeyang-gu, Gyeyang-gu, Seongbuk-gu, Seoul to cause the death of the victim due to cerebral blood, etc.

2. The Defendant violated the Road Traffic Act (unlicensed Driving) driven a 12-year passenger car numbered 12 passengers on which only a person with a Class 1 ordinary driver’s license did not have a Class 1 driver’s license at the date and place specified in paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police of H;

1. A survey report on actual conditions;

1. A report on the occurrence of a traffic accident;

1. On-site photographs;

1. A screen for an investigation report (on-site lacing and black image verification), a screen for a black stuffing video;

1. Investigation report (verification of driving without a suspect's license);

1. Application of Acts and subordinate statutes on death diagnosis certificates and photographs;

1. Relevant Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents by the Selection of Punishment, Article 268 of the Criminal Act (the occupation of occupational and de facto death, the choice of imprisonment without prison labor), Article 152 Subparag. 1, and Article 43 of the Road Traffic Act (the non-licensed driving point, the choice of imprisonment with prison labor) concerning criminal facts;

1. The reason for sentencing under the former part of Article 37 of the Criminal Act, Articles 38(1)2 and 38(2) and 50 of the Act on the Aggravated Punishment of Concurrent Crimes [the scope of the recommended punishment] No basic area (8 months to 2 years) (the person who is subject to special sentencing) (the person who is subject to special sentencing) is in the intersection (the decision of sentence].

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