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(영문) 수원지방법원 2013.12.30 2013고단6284
교통사고처리특례법위반등
Text

A defendant shall be punished by imprisonment for not less than two years and six months.

Reasons

Punishment of the crime

A. The Defendant is a person who violates the Act on Special Cases Concerning the Settlement of Traffic Accidents, the Road Traffic Act (driving) and the Road Traffic Act (driving without a license) as a daily worker of Chinese nationality, and a person who is engaged in the driving of C Cost Star car.

On November 2, 2013, the Defendant, without obtaining a driver's license at around 14:40 on November 14, 2013, drive the said passenger vehicle with the blood alcohol concentration of 0.128%, while driving the said vehicle at the influence of alcohol, and driving the four-lanes of the four-lanes in front of the Suwon-si Tgu Tueburg Tue-dong, Suwon-si, the four-lanes of the four-lanes at the speed of 60km from the scular basin.

Since a crosswalk is installed at the front of that place, in such a case, there was a duty of care to check whether a person engaged in driving service is a person who gets on the way to reduce the speed and to see well the right and the right and the right and the right and the duty of care to drive safely in accordance with the new subparagraph.

Nevertheless, under the influence of alcohol, the victim D (the age 69) who crosses the crosswalk on the right side from the left side of the crosswalk due to the negligence of neglecting it and driving it on the red signal as it is in violation of the signal, was found late, and the victim was led to the front part of the above vehicle.

Ultimately, the Defendant caused the death of the victim due to damage to the heart and the large beer, etc. in around 15:48 on the same day while he was sent to a F Hospital in Suwon-si E, Suwon-si.

B. The Defendant violated the Guarantee of Automobile Accident Compensation Act, who was not covered by mandatory insurance at the above date, time, and place, operated the said C Costaex on the road.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning G and written death diagnosis;

1. A traffic accident occurrence report and a traffic accident actual condition investigation report;

1. A written report from an employee of an employer;

1. Application of Acts and subordinate statutes of the Korea Development Bank Act and subordinate statutes to reports on the current status of a driver;

1. Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, the Criminal Act concerning criminal facts;

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