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(영문) 서울서부지방법원 2018.11.29 2017고단3433

교통사고처리특례법위반(치상)등

Text

A defendant shall be punished by imprisonment for not less than five months.

Reasons

Punishment of the crime

On October 28, 2017, the Defendant operated B car sirens without obtaining a driver's license of a motor vehicle from around 22:20 on his/her business, and moved to the intersection of B car sirens from the side of the Yongsan-gu Seoul, Yongsan-gu, to the right speed from the side of the Yongsan-gu, Yongsan-gu, Seoul to the right edge.

In such a case, a person engaged in driving of a motor vehicle who is in charge of driving a motor vehicle has a duty of care to prevent accidents by accurately operating the steering and steering gear of the motor vehicle and neglecting his/her duty of care to prevent accidents, and due to negligence, the defendant's failure to do so, caused the victim E (37 years of age) who was driving a motor vehicle on the back of the right side of the motor vehicle in question by shocking with the upper part of the motor vehicle's upper right side, resulting in the victim E (37 years of age) who was suffering from injuries such as dump, etc. requiring a three-day medical treatment, and suffered injury such as a loss, etc. requiring a one-day medical treatment from the victim F (1 years of age) aboard the motor vehicle.

Summary of Evidence

1. A traffic accident report (1) a survey report on actual condition and a traffic accident report (2) a survey report on actual condition;

1. Registers of inquiry into the association of the main office and driver's licenses;

1. A protocol concerning the examination of the police officers of the accused;

1. A written statement of the occurrence of E traffic accidents;

1. Application of Acts and subordinate statutes to a medical certificate and a report on investigation (Attachment to a victim F medical certificate);

1. Article 3(1) and the proviso to Article 3(2)7 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 152 Subparag. 1 and Article 43 of the Road Traffic Act concerning facts constituting an offense;

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

1. Violation of the Act on Special Cases concerning the Settlement of Alternative Traffic Accidents: Imprisonment without prison labor or a heavier punishment;

1. The reasons for sentencing under the former part of Article 37 of the Criminal Act, Articles 38(1)2 and 38(2) and 50 of the Act on the Aggravated Punishment of Concurrent Crimes may have the record of having been punished for the same kind of crime, and the Defendant was served on public notice by failing to appear on the date of trial even though he knows that the instant judgment was in progress.