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(영문) 제주지방법원 2013.12.11 2013고단1192
교통사고처리특례법위반등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

1. On June 21, 2013, the Defendant violated the Road Traffic Act (unlicensed driving) and the Guarantee of Automobile Accident Compensation Act, driving the Do d d d d wheel without obtaining a vehicle driver’s license from the Defendant’s office located in Seopo-si C to the workplace located in the same Eup/Myeon from June 21, 2013 to the workplace located in the same Eup/Myeon.

2. The Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents, while driving the said cargo vehicle at the same time as that of the preceding paragraph, led to bypassing the said vehicle from the same side to the same side.

Although a driver of any motor vehicle has a duty of care not to drive a person on board the cargo loading of a motor vehicle, the defendant neglected the duty of care and neglected to drive the victim E (the victim E (the age of 30) in loading the cargo loaded at the same time. Also, since the driver of any motor vehicle was in the situation of bypassing the intersection at the time, the driver of any motor vehicle has been negligent in driving the motor vehicle with the duty of care to safely drive the motor vehicle to reduce the speed of the motor vehicle and to lower the lower court's maximum ability so that the driver of any motor vehicle may not fall, while the driver of any motor vehicle has no driver's license, the driver of any motor vehicle

On July 3, 2013, the negligence bypassing it was caused by the victim to die at the center and fall on the left-hand side of the cargo vehicle and resulting in the death of the victim due to two serious traumas and cerebral transfusions around 09:00.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement concerning F;

1. On-site photographs, photographs, traffic accident reports1, and traffic accident reports2;

1. Registers of mandatory insurance and driver's licenses;

1. Application of Acts and subordinate statutes to brain death investigation reports, medical opinion, and death examination reports;

1. Relevant 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 the occupational negligence caused by traffic and the choice of imprisonment without prison labor);

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