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(영문) 대구지방법원 2013.07.25 2013고단3308
교통사고처리특례법위반등
Text

Defendant shall be punished by a fine of KRW 7,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving of CPoter II cargo vehicles.

On November 10, 2012, the Defendant driven the above cargo vehicle without a driver's license of a motor vehicle on November 10, 2012, and led to a four-lane road of 978-16, Daegu Suwon-gu, Daegu, to the direction of the distance from the front side of the Military Command headquarters to the direction of the distance from the front side of the Military Command.

At the time of night, the transition of the front door door door door door door door door door door door door door door door door door door door door door door door door door, and the victim D (at the age of 49) in the front door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door

Nevertheless, the Defendant neglected this and did not discover the victim who was living in one lane in the front bed of the bed, and did not look at the victim who was living in the middle of the bed, and 100 meters away from the lower part of the Defendant’s cargo vehicle, she shocked the victim and towed the victim as it is, and had the victim go to the lower right side of the cargo vehicle.

Ultimately, at around November 10, 2012, the Defendant caused the death of the second half of the transfer to a hospital due to the injury of the second half of the transfer.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report;

1. A corpse of corpse;

1. Protocol of inspection;

1. A written autopsy and appraisal;

1. Registers of driver's licenses;

1. Application of the dispatching Acts and subordinate statutes to traffic accident analysis results;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act, and the selection of fines;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act on the provisional payment order was that the Defendant had caused the instant accident while driving without obtaining a license during the period of suspended execution due to the instant crime.

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