교통사고처리특례법위반(치상)등
A defendant shall be punished by imprisonment with prison labor for up to six months.
However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.
Punishment of the crime
The defendant is a person who drives a cargo vehicle B1 ton.
1. On June 11, 2018, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) was driving the above vehicle at around 19:30, and was parked as a member of the Busan Metropolitan Government’s articles of incorporation in order to move to an exit in front of 101.
In such cases, a driver of a motor vehicle shall accurately operate the steering system, brakes, and other devices of the motor vehicle, shall not drive the motor vehicle at a speed or crime prevention that may cause any danger and injury to others according to the traffic conditions of the road and the structure and performance of the motor vehicle, and has the duty of care to prevent accidents in advance by reporting the traffic situation well and safely.
Nevertheless, the Defendant neglected to do so and immediately left as it is, and went beyond the back to the back end of the victim C (64 tax, n, n) who was walking in the aftermath of the bend.
As a result, the defendant caused the above victim C by negligence in the course of business to be injured by the left-hand skes, etc. requiring approximately 8 weeks of treatment.
2. On June 11, 2018, the Defendant violated the Road Traffic Act (unlicensed Driving) is driving approximately 20km of the said vehicle, without a driver’s license, from 18:50 on June 11, 2018, to 1st apartment of the Busan-gun, Dong-gun, Busan-gun, Eastern Branch of the Organization of the Republic of Korea to 20km.
Summary of Evidence
1. Statement by the defendant in court;
1. A written statement of occurrence of traffic accidents prepared C;
1. Application of Acts and subordinate statutes to a traffic accident report, traffic accident occurrence report, ledger of driver's licenses, investigation report (in relation to attachment of medical certificates), investigation report (in relation to attachment of apartment CCTV images) and investigation report (in relation to attachment of apartment CCTV images);
1. Article 3(1) of the relevant Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act (the occupation and practical occupation, the choice of imprisonment without prison labor), Article 152 Subparag. 1 and Article 43 of the Road Traffic Act (the occupation of unlicensed driving, the choice of imprisonment without prison labor) concerning criminal facts;
1. The former part of Article 37 of the Criminal Code, Article 38(1)2 of the Criminal Code, which increases concurrent crimes.