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(영문) 대구지방법원 2015.05.21 2013고단6749
교통사고처리특례법위반등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

1. Around 10:00 on November 12, 2013, the Defendant driven an Eone Starex 6-line cargo vehicle without obtaining a driver’s license in approximately 2 km section from the 2km top-down road located in the wind angle of the Cheongdo-gun, Cheongdo-do-si.

2. Violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents and the Road Traffic Act and the Defendant are those engaged in driving of the 6-line cargo vehicles.

The Defendant, without obtaining the driver’s license as above, operated the above 6-line cargo vehicle without obtaining the driver’s license as above, led to the operation of the above 6-line cargo vehicle to the front 20 national highways in the Cheongbuk-gun, Cheongbuk-do.

Since there are roads where the left side is a bend and the center line of the yellow-ray is installed, a person engaged in driving service has a duty of care to safely operate the motor vehicle by maintaining the motor vehicle line through thorough operation of the front line and reducing speed.

Nevertheless, the Defendant neglected to do so and proceeded with the central line as it is, by negligence, received a part of the left side of the 6-line cargo vehicle of the victim F.F. (59 years old) driving, which was proceeding along the 59 years old truck in front of the right side of the said 6-line cargo vehicle.

As a result, the Defendant caused the death of the victim due to the debris from the above occupational negligence, i.e., the removal of the victim from the dunes, and at the same time damaged the repair cost of the said 3-Ban cargo 5,095,496 won, which is the victim’s ownership.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report and each traffic accident report (1, 2) (1, 2) (1), respectively;

1. Registers of driver's licenses;

1. Application of Acts and subordinate statutes to a written autopsy and written estimate;

1. Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 151 of the Road Traffic Act, Article 152 of the Road Traffic Act.

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