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(영문) 전주지방법원 정읍지원 2014.09.23 2014고단292
교통사고처리특례법위반등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. The Defendant in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents is a person engaging in driving a EXE car.

On May 23, 2014, the Defendant driven the above vehicle at around 10:05, and proceeded in front of the 154 Pilotage, acheon-ro, Jung-gu, Jung-Eup, Seo-si, with a three-lane distance from the front of the 154 Pilotage, Dong-dong, Sin-si, Sin-si, and the front of the 154 Pilotage, depending on one-lane,

In this case, there was a duty of care to maintain the speed limit for the vehicle driver and to safely drive the vehicle in good faith.

Nevertheless, the Defendant, at a speed of 60km, driven a bicycle at a speed of about 82.8km per hour on the road at a speed of 60km, and failed to thoroughly perform the obligation of the front-way week, caused the victim D (the age of 73) who changed the lane from the two-lane to the one-lane in the direction of the driving of the Defendant, to find the bicycle late, and failed to drive the bicycle at a speed of 60km, followed the bicycle by the front part of the vehicle.

Ultimately, around 12:51 on the same day by occupational negligence, the Defendant caused the victim to die due to the diversative injury at the Jeonbuk University Hospital.

2. The Defendant violated the Road Traffic Act (unlicensed Driving) at the time and place specified in paragraph (1) of this Article, and operated the said car at a section of about 3 km from the Song-dong to the front day of the 54 traversing-ro Mao-ro 54 mp.

Summary of Evidence

1. Defendant's legal statement;

1. The actual survey report and on-site photographs;

1. A corpse of corpse;

1. Notification of results of the comprehensive traffic accident analysis;

1. Application of Acts and subordinate statutes to the driving license ledger (A);

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 152 subparagraph 1 of the Road Traffic Act, Article 43 of the Road Traffic Act, and the choice of imprisonment for each crime;

1. The instant crime on the grounds of sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act that aggravated concurrent crimes is under the influence of driving in the state of unauthorized License.

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