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(영문) 수원지방법원 평택지원 2017.05.31 2017고단148

교통사고처리특례법위반(치상)등

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A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a Bsch Rexton car.

On November 27, 2016, the Defendant, without obtaining a driver's license for a motor vehicle on 06:30 on November 27, 2016, proceeded at a speed of about 30 km from the parallel of Pyeongtaek-si Highway, the lux-si Track Track Road, which is on both sides of Pyeongtaek-si, toward the parallel of Pyeongtaek-si Highway at the speed of about 30km.

In this case, there was a duty of care to prevent accidents in advance by driving a person engaged in driving a motor vehicle safely and safely. In this case, the driver of a motor vehicle had a duty of care to prevent accidents in advance.

Nevertheless, the Defendant neglected to do so and went into operation on the surface where the Defendant’s vehicle was removed from the front line of the car of the Defendant, and the driving of the victim C(51 tax) driving in the opposite direction beyond the central separate strings, also received the part of the front line of the car of the Defendant as the front part of the car of the Defendant.

As a result, the Defendant suffered injury to the victim, such as salt panions requiring approximately two weeks of medical treatment by occupational negligence as above, and at the same time damaged the victim’s car by exchanging engines, etc. for repair costs of KRW 38,821,102.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. A traffic accident report;

1. Application of the Act and subordinate statutes to the ledger of remaining provisos, estimates, and driver's license;

1. Article 3 (1) and Article 3 (2) (proviso)7 of the Act on Special Cases concerning the Settlement of Traffic Accidents under the relevant Act concerning the facts constituting an offense, Article 268 of the Criminal Act, Article 151 of the Road Traffic Act, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act (a point of causing damage to property by negligence in the course of business);

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Imprisonment without prison labor or imprisonment with prison labor for a violation of the Act on Special Cases concerning the Settlement of Optional Traffic Accidents;

1. The former part of Article 37 of the Criminal Code, and Article 38.