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(영문) 광주지방법원 순천지원 2015.10.23 2015고단1052
교통사고처리특례법위반등
Text

Defendant

A Imprisonment of 10 months, Defendant B shall be punished by a fine of 1,00,000 won.

Defendant

B The above fine.

Reasons

Punishment of the crime

1. Defendant A is a person who is engaged in driving of E-Poter cargo vehicles.

On March 12, 2015, the Defendant driven the above cargo without obtaining a driver's license on March 12, 2015, and driven the front of the G crosswalk in luminous F in the direction of the luminous city at a speed that would not be known by one lane from the shooting distance of the visual tower.

Since a crosswalk is installed, in such a case, there was a duty of care to check whether a person engaged in driving of a motor vehicle is a person and to safely drive the motor vehicle.

Nevertheless, the Defendant neglected this and got the victim to go beyond the road by taking the front part of the trucking side of the victim H (the 80-year-old age) who walked the crosswalk without permission in contravention of pedestrian signal from the left side of the direction of the Defendant’s course, on the right side of the road.

Ultimately, at around 14:10 on March 22, 2015, the Defendant caused the death of the victim due to the above occupational negligence to a sudden difficulty in smoking due to the dysium dystrophism in the instant I Hospital.

2. Defendant B is the president of the company A’s work with friendship with Defendant A.

At around 18:50 on March 12, 2015, the Defendant was aware of the fact that the Defendant committed a crime corresponding to a fine or heavier punishment by causing a traffic accident while driving the above cargo vehicle without a driver’s license on the front of G, G, which is located in the Mine-si F, but around 19:00 on March 12, 2015, the Defendant made a false statement to the police officer of the Mineyang Police Station where the instant case was investigated at the International Emergency Center, that the Defendant was a driver of the cargo vehicle and escaped the offender.

Summary of Evidence

1. Defendants’ respective legal statements

1. The actual condition survey report;

1. The ledger of driver's licenses;

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

1. Defendant A of the pertinent Article of the Act on Special Cases concerning the Settlement of Traffic Accidents: Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents;

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