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(영문) 수원지방법원 성남지원 2016.04.18 2016고단209
교통사고처리특례법위반등
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

1. On January 21, 2016, the Defendant violated the Road Traffic Act (unlicensed driving) driven the DK5 vehicles from the Sungnam-gu, Sungnam-si, the Defendant’s residence of the Defendant, to the roads adjacent to the 178 Sungnam-si, the same circulation, even though the validity of a driver’s license was suspended from December 13, 2015 to March 31, 2016.

2. On January 21, 2016, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents: (a) driven the above vehicle on around 07:00, and driven the way near the Sung apartment complex as stated in paragraph (1) along the two-lanes, which is located in the middle of the two-lane in the middle of the mountainside of South Korea; (b) when the signal apparatus was installed, the operation was suspended in accordance with the new subparagraph of the suspension and waiting for signal.

At the time, it was difficult to see the surrounding area because the crosswalk was installed on the front side, so even if the vehicle signal is changed to a straight-line signal, there was a duty of care to check whether there is a person, and to prevent the accident in advance by driving safely, even if the vehicle signal is changed to a straight-line signal.

Nevertheless, when the vehicle signal has been changed due to his negligence while neglecting this, the defendant left the left side of the defendant's vehicle by driving at the speed of the horse, and found the crosswalk to the right side at the right side of the defendant's running direction, and received the victim as the front part of the defendant's vehicle by finding the victim E (W, 81 years old) late later.

Ultimately, the Defendant caused the death of the victim due to the injury to the two parts from the same occupation in around 08:03 of the same day by occupational negligence.

3. On January 21, 2016, the Defendant also drives a vehicle in lieu of a traffic accident that occurred during the suspension period of an internal driver’s license, despite the Defendant’s occurrence of a traffic accident as stated in paragraph (2), before the sexual apartment as stated in paragraph (1) around 07:20 on January 21, 2016, and even though the Defendant caused the death of E, the Defendant’s wife F.

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