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(영문) 창원지방법원 2017.06.08 2017고단634
교통사고처리특례법위반(치사)등
Text

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

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

Reasons

Punishment of the crime

1. The Defendant violating the Act on Special Cases Concerning the Settlement of Traffic Accidents is a person who is engaged in driving a vehicle with C low speed.

On January 25, 2017, the Defendant driven the said car without obtaining a driver's license from around 16:50 on January 25, 2017, while driving the said car and driving the D front road at the window of Changwon-si at the Changwon-si.

There is a duty of care to prevent accidents in advance by safely driving a vehicle on a side-road without distinction between a roadway and a sidewalk.

Nevertheless, the defendant neglected this and did not discover the victim E (the age of 81) who was leading the baby in the front direction of the proceeding of the defendant due to negligence that neglected to take part in the front direction of the vehicle, and had the victim go beyond the floor by receiving the victim from the front part of the vehicle.

Ultimately, at around January 25, 2017, the Defendant caused the death of the victim from the Changwon Hospital, a 158 Samsung Changwon Hospital, a sale of the members of Changwon-si, Changwon-si on January 25, 2017, by the above occupational negligence.

2. The Defendant violated the Road Traffic Act (unlicensed Driving) driving of the said vehicle from the front Do of Kim Jong-si, Kim Jong-dong, Kim Jong-si without obtaining a driver's license at the above time of the day to the road of approximately 45 km from the northwest of the window of Changwon-si to the road of about 13-1.

Summary of Evidence

Application of the Act and subordinate statutes to the Motor Vehicle Driver's License Register, a death certificate of the defendant's legal statement;

1. Relevant legal provisions concerning criminal facts, Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act (the occupation of death or injury caused by traffic accidents, the choice of imprisonment without prison labor), Article 152 Subparag. 1 and Article 43 of the Road Traffic Act (the occupation of driving without a license, the choice of imprisonment with prison labor);

2. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 38 (2), and 50 of the said Act for the increase of concurrent crimes;

3. Article 62 (1) of the Criminal Act on the suspension of execution;

4. The reason for sentencing under Article 62-2 of the Criminal Act of the community service order is the same.

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