(영문) 창원지방법원 거창지원 2014.08.27 2014고단183

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(영문) 창원지방법원 거창지원 2014.08.27 2014고단183

교통사고처리특례법위반등

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A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

1. Around 07:20 on May 31, 2014, the Defendant was driving a Do-type truck without obtaining a driver’s license in a section of about 30 km from the front of the Defendant’s house in Chang-gun, Chungcheongnam-gun, to the front of the Do-dong Village in front of the same Do-dong Village, which is in full representation in the same military area, to the front of the Do-dong Village.

2. The Defendant in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents is a person who is engaged in driving a DPoter freight.

On May 31, 2014, at around 07:20, the Defendant proceeded at a speed of about 30 km from the surface of the Do-dong village in front of the Do-dong village, which is a full representative of the Do-gun, Chungcheongnam-gun, Chungcheongnam-gun, Seoul, to the high-speed area from the surface of the Myeon-dong to the surface of the Myeon-dong.

At this point, there was a bend road at the front door, so in such a case, there was a duty of care to reduce the speed to a person engaged in driving of a motor vehicle and accurately operate the steering and brakes, and to drive the motor vehicle safely by thoroughly driving the front door.

Nevertheless, the Defendant neglected this and did not discover the victim E (the 82 years old) crossing the road from the right side of the running direction of the Defendant vehicle in the course of the Defendant’s vehicle running without obtaining the driver’s license as above, and received it as the front part of the left side of the Defendant’s vehicle.

Ultimately, the Defendant caused the death of the victim due to the occupational negligence as seen above, such as the diversification of the two types of dives.

Summary of Evidence

1. Defendant's legal statement;

1. Reports on traffic accidents, and records and photographs of the scene of the traffic accident;

1. A written result of autopsy;

1. Application of the statutes on the register of driver's licenses;

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

1. The Criminal Act among concurrent crimes.

참조조문

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