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(영문) 서울남부지방법원 2016.11.17 2016고단4146
교통사고처리특례법위반(치사)등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

1. Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Death, etc.) is the person who is engaged in driving freight B or B;

On June 19, 2016, the Defendant driving the above cargo vehicles around 21:37, and driving the three-lane road in front of the D convenience point in Yangcheon-gu Seoul Metropolitan Government, along the direction of the Southern circulation from the direction of the eropic tunnel to the south circulation, the Defendant was driving the above cargo vehicles, and driving the three-lane road in front of the D convenience point in Yangcheon-gu Seoul Metropolitan Government at an irregular speed, and

At the time, since it is at night, a person engaged in driving of a motor vehicle has a duty of care to safely make a bypassing the vehicle by taking into account the front, rear, and left and right of the motor vehicle.

Nevertheless, the Defendant neglected this and caused the victim to go beyond the floor by shocking the front part of the FCA1105 Matoba, which is driven by the victim E (the age of 41) who was in the same direction as the Defendant, without permission by negligence, at a two-lanes and three-lanes in the state where the driver's license was suspended.

Accordingly, the Defendant caused the victim's death due to the above occupational negligence by causing the victim's severe injury to the two types of injury on the job.

2. The Defendant violated the Road Traffic Act (unlicensed Driving) at the same date and time as paragraph (1) of this Article, driving the Poter II cargo vehicle in the state where the driver’s license was suspended on the section of approximately 38 km in the 38km away from the Poter-si in Gyeonggi-do to the D convenience store in Yangcheon-gu Seoul.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to the register of driver's licenses, such as traffic accident reports (1)(2) and reports, internal investigation reports, black records and video images of suspect vehicles, internal inspection reports (verification of accidents), physical inspection reports, investigation reports (determination of causes of accidents), investigation reports (related to driver's licenses), and the register 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, Criminal Act;

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