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(영문) 대구지방법원 경주지원 2016.08.17 2016고단157
교통사고처리특례법위반등
Text

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

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

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 service of B Bank Cokeers.

On January 4, 2016, the Defendant driven the above racker without obtaining a Class 1 special license for driving the racker around 22:50 on January 4, 2016, and opened the four-lane road in front of the D gas station in the Pjuju City in the racing-si along two-lanes along the direction of the front four-lane distance.

At the time, the road is at night, and the road is crossing from the left side of the defendant's way to the right side, and therefore, the driver of the vehicle has a duty of care to thoroughly see the front-time and to prevent the accident by accurately manipulating the steering gear and brakes.

Nevertheless, the Defendant neglected this and did not find a victim crossing the road as above due to negligence, and received the victim with the front gate part of the above rash driver's seat.

Ultimately, the Defendant caused the death of the victim by the above occupational negligence at the Emergency Center for University Racing Hospital in Dong-dong, 87, Dong-si, who was under the treatment of transmission at around 23:57 of the same day.

2. On January 4, 2016, the Defendant was driving the said stacker without obtaining a Class 1 license from a section of about 5 km from the front day of the frequency of the gym-dong in the Sung-dong, Sejong-si to the front day of the gas station located in the same city C, on January 4, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to a report on the occurrence of a traffic accident, a traffic accident report, a photo at the scene of the accident, a ledger of driver's licenses in the same class and death certificate;

1. Article 3(1) of the Act on Special Cases Concerning the Settlement of Traffic Accidents, the Act on Special Cases Concerning the Selection of Punishment, Article 268 of the Criminal Act (the occupation of occupational and dental history, the choice of imprisonment without prison labor), Article 152 Subparag. 1 of the Road Traffic Act.

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