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(영문) 대구지방법원 포항지원 2016.03.24 2015고단1290
교통사고처리특례법위반등
Text

Defendant shall be punished by a fine of KRW 15,000,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

1. On November 17, 2015, the Defendant driving a F Potering Vehicle without obtaining a driver’s license in approximately 200 meters front of the E agency located in the south-gu, Southern-gu, the Potering Sea State located in 361-1 as the Nam-gu, South-gu, Posco at the port.

2. On November 17, 2015, the suspect violated the Act on Special Cases Concerning the Settlement of Traffic Accidents, driving a F Poter Cargo, driving at around 18:40, and driving a two-lane between the four-lanes from the KT-distance distance to the Busan Bank, while driving the front road in D at the south-gu of the port of port to the Busan Bank, with three-lanes from the German Hospital to the Busan Bank.

In this case, a person engaged in driving of a motor vehicle has a duty of care to prevent traffic accidents in advance and safely drive a motor vehicle by accurately operating the steering and steering system.

However, the Defendant did not discover the victim G (77 tax) who was unauthorized to cross the road on the right side of the front side of the Defendant’s vehicle at the time of his negligence while neglecting this, and did not discover the victim G (77 tax) and received the victim from the left side of the Defendant’s vehicle and made the victim go beyond the floor.

Ultimately, the Defendant caused the death of the victim due to serious cerebral ties at the I Hospital located in Nam-gu H, Nam-gu, Nam-gu, Seoul, on November 20, 2015 due to the foregoing occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police to J;

1. A traffic accident report;

1. The driver's license ledger;

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

1. Relevant Acts 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, and the selection of, a fine for, the occupational and practical physician while driving a motor vehicle), Article 152 Subparag. 1 and Article 43 of the Road Traffic Act (the occupation of a non-licensed driving, the selection of a fine);

1. The former part of Article 37 of the Criminal Code, Article 38(1)2 of the Criminal Code, which increases concurrent crimes.

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