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(영문) 광주지방법원 목포지원 2016.02.04 2015고단1679
교통사고처리특례법위반등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

The Defendant is the owner of the above Obama, who is engaged in driving a 125C-U.S. cruise ship.

On November 20, 2015, the Defendant, without obtaining a bicycle license for a motor motor device 19:20 on November 20, 2015, driven the above Oral Ba, which was not covered by mandatory insurance with a 0.131% alcohol concentration in the blood, and led the Defendant to proceed from the south-gun, Pyeongtaek-gun, Sin-gun, Gunn-gun to the south-west-gun, Gunn-gun, Gunn-gun.

In this case, the driver of the vehicle has a duty of care to properly see the right and the right and the right and the right and the right and the right and the right and the right and duty of care to prevent the accident in advance.

Nevertheless, the Defendant was negligent in driving in the above manner while neglecting it, and caused the head of the victim C (Woo, 63 years old) to face on the road at the back of the above Otoba, thereby making the above Oba under the influence of alcohol.

Ultimately, around November 29, 2015, the Defendant caused the victim to die due to the above occupational negligence by pressure on brain at the shipbuilding University Hospital located in the Dong-gu Seoul Special Metropolitan City (Seoul Special Metropolitan City).

Summary of Evidence

1. Statement by the defendant in court;

1. An investigation report on the actual traffic accident, and on-site photographs of the traffic accident;

1. Notification of the results of regulating drinking driving;

1. The driver's license ledger;

1. Application of Acts and subordinate statutes of a death certificate;

1. Article 3(1) of the relevant Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act (the occupation of occupational and de facto death), Article 148-2(2)2, and Article 44(1) of the Road Traffic Act (the occupation of drinking), Article 154 Subparag. 2, and Article 43 of the Road Traffic Act (the occupation of driving without a license) concerning criminal facts, Article 46(2)2 and the main sentence of Article 8 of the Guarantee of Compensation for Automobile Damages Act (the occupation of failing mandatory insurance);

1. Articles 40 and 50 of the Criminal Act of the ordinary concurrent crimes (it shall be between a violation of the Road Traffic Act and a violation of the Road Traffic Act (non-licenseed driving);

1. Selection of penalty;

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