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(영문) 대전지방법원 2016.06.15 2016고단950
교통사고처리특례법위반등
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of a cargo vehicle of Category C and 1 ton.

On December 1, 2015, the Defendant driven the said vehicle without obtaining a driver's license of the said vehicle at a speed of 07:45, and driven the national highway intersection at the entrance of a fixed of 3 cubic meters at the specified 3-lanes at the time of Sejong, using the two-lanes, at a speed of about 70km per hour from the surface of the astronomical bank at a speed of 2-lanes.

At the same time, there was an open door, and there was an intersection of a bend and bend, so there was a duty of care to prevent accidents by accurately manipulating the steering direction and the operation of the motor vehicle while lowering the speed to those engaged in driving.

Nevertheless, the Defendant neglected to drive a roadside while leaving the road, thereby leaving the road, and led the above vehicle to be moved to the front part of the above vehicle, which is set up on the right side of the direction of the proceeding.

Ultimately, the Defendant had the victim D (54) who was on board the steering force of the foregoing vehicle due to the foregoing occupational negligence, caused the death of the victim of the said vehicle due to reverse cerebral brain damage at a university of Korea and at a university affiliated hospital affiliated with the university, on December 1, 2015, located in 201 toward the south-gu network of South-gu, South-gu, where transmission treatment was conducted after around December 10, 2015.

Summary of Evidence

1. Statement by the defendant in court;

1. Each traffic accident report;

1. A death certificate;

1. Application of Acts and subordinate statutes to the ledger of driver's licenses;

1. Relevant legal provisions 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 and real negligence caused by traffic accidents, the choice of imprisonment without prison labor), Article 152 Subparag. 1, and Article 43 of the Road Traffic Act (the occupation of driving without a license, the choice of imprisonment with prison labor);

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 38 (2), and 50 of the said Act (to the extent that the punishment is aggregated with the long-term punishment of two crimes);

1. Article 62(1) of the Criminal Act (limited to one-time fine and the victim’s bereaved family members wish to be punished;

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