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(영문) 춘천지방법원 강릉지원 2019.01.29 2018고단893
교통사고처리특례법위반(치사)등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

1. On August 8, 2018, the Defendant, at around 08:37, operated a one-lane road, i.e., the “mutual aid route” in the vicinity of the Geumcheon-si, Geumcheon-si, U.S., Sinsan-si, and continued to run approximately 60 km from the direction of C at the speed of her gender acid.

At the time, since it is difficult to secure the view due to the decline around the road, a person engaged in driving service should have driven safely by reducing speed and living well around the road without obtaining a driver's license. However, the Defendant was found to have immediately discovered the victim D (the age of 50) who was crossing the road to the port from the right side of the direction of the defendant's course when she driven along without reducing speed while driving at the right side without a driver's license, and due to the negligence that did not look at the right side of the road at the right side of the road. However, the part of the victim's body was turned back to the front part of the cargo vehicle.

Ultimately, the Defendant caused the death of the victim due to the above occupational negligence due to the depression and scarcity, etc.

2. The Defendant violated the Road Traffic Act (unlicensed driving) at the time stated in the above paragraph (1), driving the “one ton of the salary” freight at approximately 3 km section from the front of Gangnam-si to the front of the said 2km road without obtaining a driver’s license.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report (1) (1) and a traffic accident report (2) (2).

1. An accident site photograph;

1. The ledger of driver's licenses;

1. A death certificate;

1. Application of Acts and subordinate statutes to investigation reports (the result of calculating the speed by Skid mark);

1. Relevant legal provisions concerning criminal facts, 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, subparagraph 1 of Article 152 of the Road Traffic Act, and Article 43 of the Road Traffic Act (the point of driving without a license);

1. Of concurrent crimes, the former part of Article 37 and Article 38(1)2 of the Criminal Act are applicable;

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