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(영문) 인천지방법원 2018.07.25 2018고단3854
교통사고처리특례법위반(치사)등
Text

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a DNA motor vehicle.

1. Around 00:40 on February 24, 2018, the Defendant driving the said vehicle without a driver’s license, and driving the said vehicle at a speed of about 587 km and about 70 km/h/h of the distance in the front of the front of the front of the front of the front of the front of the front of the front of the front of the front of the front of the front of the front of the front of the front of the front of the front of the front of the front of the road at a speed of about 587 km and 6

At the time, it is an intersection where a signal is installed at night and at this time, so in such a case, a person engaged in driving a motor vehicle has a duty of care to properly operate the operation and steering gear and to safely drive the motor vehicle by observing the signal.

Nevertheless, the defendant's negligence in the course of the suspension signal in violation of the signal, which led to the left-hand side of the above cargo vehicle, conflicts with the front part of the driver's f.o.b. of the victim E (29 years old) driving running toward the above intersection in accordance with the signals from the right-hand side of the defendant's running direction.

Accordingly, the Defendant caused the victim's death due to the above occupational negligence by causing the victim's cerebral cerebral tymosis at the site.

2. Violation of the Road Traffic Act (unlicensed driving) Defendant 1 driven a Dex car from the section of about 300 meters in the same Gu from the road near the airspace of the Incheon Western without a driver's license at the time of the above paragraph 1 to the vacant distance of the road located in the same Gu without a driver's license.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the occurrence of a traffic accident, a summary map and photograph, a fact-finding report, a fire-proof report (on-site, etc.), and a black and video CD;

1. License register, etc.;

1. Application of Acts and subordinate statutes to death diagnosis reports and postmortem records;

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 former part of Article 37 of the Criminal Code of Aggravation of Concurrent Crimes;

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