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(영문) 대전지방법원 논산지원 2018.10.23 2017고단705
교통사고처리특례법위반(치사)등
Text

1. Defendant A shall be punished by imprisonment without prison labor for eight months;

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

Reasons

Punishment of the crime

1. Defendant A is a person who is engaged in driving Category C Ⅱ cargo vehicles.

On August 25, 2017, the Defendant, at the 19:45 Sinsan Sinsan-si, continued to proceed to the tri-distance distance from the sloping distance.

Since it is located at a speed of 50 km per hour, a person engaged in driving a motor vehicle has a duty of care to prevent accidents by complying with the vehicle line and speed limit and by accurately manipulating the steering gear and brakes.

Nevertheless, the Defendant neglected this and proceeded at a speed exceeding 52 km a speed of 102 km a speed exceeding 52 km a speed, and was negligent in driving the Defendant’s cargo in front of the Defendant’s cargo vehicle, 49CCC 100 and the remainder of the Defendant’s cargo vehicle.

As a result, the Defendant suffered from the victim B with the above occupational negligence in a scarcity of a scarke, which requires approximately two weeks of treatment, and caused the victim D who was accompanied by the victim B’s stoba, thereby causing the victim D’s death from the F Hospital located in E at the time of debate.

2. Defendant B

A. On August 25, 2017, the Defendant, in violation of the Road Traffic Act (unlicensed driving), driven a non-registered 49CC, without obtaining a motor device license from the front side of the non-owned apartment, located in the 13-2 Dr. D., Seosan-si, Seocheon-si, Seosan-si, to the Hando-ro road located in the same city-based road from the front side of the non-owned apartment, to the Hando-ro road located in the same city-based road.

(b) No motor vehicle which is not covered by mandatory insurance in violation of the Guarantee of Automobile Accident Compensation Insurance shall be operated on a road;

Nevertheless, the Defendant driven an erroneous part of Paragraph 2, which was not covered by mandatory insurance at the time and place specified in Paragraph 2, at the time and place specified in Paragraph 2.

Summary of Evidence

1. Defendant A’s legal statement

1. A protocol concerning the examination of suspect against the defendant B;

1. The police in relation to G.

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