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A defendant shall be punished by imprisonment for not less than one year and six months.
Reasons
Punishment of the crime
1. On September 27, 2017, the Defendant violated the Road Traffic Act (unlicensed Driving) driving a motor vehicle at approximately 5km from the 21st day of the 21st day to the front day of the Dong-gu Seoul Special Metropolitan City, Ansan-ro, Ansan-ro, Ansan-ro, Annsan-ro, Annsan-ro, Annsan-ro, Annsan-ro, Annsan-ro, without a driver’s license.
2. Violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents (Death, etc.) is a person who is engaged in driving a motor vehicle with D low-priced other vehicles.
At the time set forth in paragraph 1, the Defendant driven the above low-speed car without a driver's license, and driven the road of three-lanes in the front C in Ansan-si, Ansan-si with the three-lanes of the entrance of the nearby apartment at the boundary of the hospital, along the two-lanes.
In this case, the driver of the vehicle has a duty of care to prevent accidents in advance by ascertaining whether there is a person who renders a way to reduce the speed in the driver of the vehicle and by properly examining the road in the case, since the crosswalks are installed at the time and the yellow flickerings were operated at night.
Nevertheless, when the defendant neglected to do so and proceeded as it is, the defendant got the victim E ( South, 43 years old) who dried the way to the right of the crosswalk from the front left side of the defendant living together with the right of the crosswalk, and received the front part of the above high-speed wheel vehicle.
Ultimately, the Defendant caused the death of the said victim due to cerebral cerebral injury at the Gansan Hospital of the Korea University Medical Center, which was undergoing after-the-job treatment on September 27, 2017, by negligence in the above occupational negligence.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police with regard to F;
1. A death diagnosis report or postmortem report;
1. Application of Acts and subordinate statutes to a fact-finding survey report and traffic accident occurrence report;
1. Relevant Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents by the Selection of Punishment, Article 268 of the Criminal Act (the occupation of occupational and de facto death, the choice of imprisonment without prison labor), Article 152 Subparag. 1, and Article 43 of the Road Traffic Act (the non-licensed driving point, the choice of imprisonment with prison labor) concerning criminal facts;
1. The aggravated Criminal Act for concurrent crimes.