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(영문) 대전지방법원 서산지원 2018.01.09 2017고단715
교통사고처리특례법위반(치사)등
Text

1. The punishment of the defendant shall be eight months;

2.Provided, That the above punishment shall be imposed for a period of one year from the date this judgment becomes final and conclusive;

Reasons

Punishment of the crime

1. Any foreigner violating the Immigration Control Act may sojourn in the Republic of Korea within the limits of his/her sojourn status and sojourn period;

Nevertheless, on May 14, 2017, the Defendant entered the Republic of Korea on a stay status C-3-9 (short-term visit) and stayed in the Republic of Korea even after the expiration of the period of sojourn on August 12, 2017.

2. The accused is a person who drives a registered CITI100 Oral clock in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Death, etc.), a violation of the Road Traffic Act (driving without a license) and a violation of the Road Traffic Act (driving without license)

On August 13, 2017, the Defendant driven the above Obaon on the front of the Jinju Iron Co., Ltd., a Hyundai Steel Co., Ltd., Ltd., which is located in 1165-50, Jinsan-si, Jinsan-si, 13:30 on August 13, 2017, and was under influence of 0.119% of alcohol during blood, and continued to run approximately 50 km in the speed of Sin-gu, Seongdong-gu, Pursuant to one way among two lanes, under the influence of alcohol content 0.119%, without a motor device license.

At the time, the low speed of the road was slowed down at night, and since there was a situation in which the beam of the vehicle driven on the opposite part is not well visible due to the beam of the headlight of the vehicle driven on the opposite part, there was a duty of care to reduce the speed and to prevent accidents in advance by accurately manipulating the steering direction and the brake system, and to prevent accidents.

Nevertheless, under the influence of alcohol, the Defendant neglected to obtain a motor device bicycle license without the engine device license and neglected to do so, and had the victim D (39 tax) who was fluored on the floor with the front and rear wheels of the Oraltob that the Defendant driven by negligence, and caused the victim D (39 years) who was accompanied by the Oraltoba, to fall off on the floor.

Ultimately, on August 16, 2017, the Defendant caused the death of the victim due to such occupational negligence at the Yancheon-ro University Hospital located in 31, South-gu, South-gu, Yancheon-gu, Yancheon-gu, Yancheon-gu, Yancheon-do.

Summary of Evidence

1. The defendant's oral statement;

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