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(영문) 울산지방법원 2018.07.26 2018고단1637
교통사고처리특례법위반(치사)등
Text

Defendant

A Imprisonment with prison labor for eight months and for four months, respectively.

However, the period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Defendant A

A. Violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents (Death, etc.) is a person engaging in driving of a motor vehicle for another high-priced motor vehicle.

On November 28, 2017, the Defendant driven the above car on the 18:15th day of November, 2017, and driven the front road of Ulsan-gun, Ulsan-gun, in the direction of the new village from the outside of the broad village to the new village at about 30km each other.

At the time, there are nights and there is no street, and there is no delivery separate, so there was a duty of care to prevent accidents in advance, such as that a person engaged in driving a motor vehicle safely driving the motor vehicle, such as reducing speed and putting the road on the front, and preventing conflicts with pedestrians who walk around the road.

Nevertheless, the Defendant neglected this and failed to perform his duty at the front time, and failed to find out the victim G (62 years) in front of the running direction due to the negligence of the Defendant driving without a driver's license, and received the victim as part of the front part of the car in front of the Defendant.

Ultimately, the Defendant caused the victim's death by occupational negligence at H hospitals around 04:30 of the same month, resulting in the victim's cerebrovascular death.

B. Violation of the Road Traffic Act (Non-licenseless Driving) Defendant 1 driven the said car without obtaining a driver’s license from approximately 1 km section from the front day of the Dong-dong Development Bank to the F.m., Seoul Metropolitan City, Ulsan-do, Seoul Metropolitan City, the day indicated in the above paragraph (a).

2. Defendant B, at around November 28, 2017, knew of the fact that Defendant A committed an offense identical to that described in paragraph 1 on the road of Ulsan-gun, Ulsan-gun, U.S., but received a report 112 and made a false statement to the chief police officer of the Ulsan-gun, U.S. police station I police station, who called to the said site, as if the Defendant had caused a traffic accident.

In this respect, the defendant commits a crime punishable by fine or heavier punishment.

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