beta
(영문) 광주지방법원 2014.05.01 2013고단5800

교통사고처리특례법위반등

Text

Defendant shall be punished by imprisonment without prison labor for four months.

However, the execution of the above punishment shall be suspended for one year 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 CF car.

On June 4, 2008, the Defendant driven the said car without obtaining a driver's license of the said car and continued to drive the said car using two-lanes from the direction of the sub-lease to the private distance of the north-gu Office of North-gu, Chungcheongnam-dong, Gwangju.

Since the E-EX car driven by the victim D(25 years old) was in progress at the front of that place, the defendant engaged in the driving of the motor vehicle had a duty of care to maintain a safe distance from the front vehicle by accurately operating the brake system.

Nevertheless, the Defendant neglected to do so and driven the above X-ray car in close vicinity to the above X-ray car, followed by the above X-ray car stopped at time, and caused the above X-ray car to be the front part of the given x-ray car, and due to its shock, the above x-ray car was pushed off by the victim F.(45 years old) who was parked in front of the car, and caused the x-ray part behind the above x-ray car to be the front part of the given x-ray car.

Ultimately, the Defendant suffered injury to the victim D due to the above occupational negligence, and the victim F, the victim H (the 14-year-old), and the victim I (the 11-year-old-old-old-old-old-old-old-in-car), who was boarding the vehicle in the victim F, the 14-year-old-in-car car, respectively, suffered injury to the victim F, the victim H and the victim I (the

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police suspect interrogation protocol against the accused;

1. Reports on traffic accidents and investigation reports;

1. The driver's license ledger;

1. Application of Acts and subordinate statutes of each written diagnosis;

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

1. The reason for sentencing under Article 62(1) of the Criminal Act is that the defendant does not obtain a driver's license.