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(영문) 전주지방법원 남원지원 2015.09.22 2015고단109

교통사고처리특례법위반등

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. On April 24, 2015, the Defendant violated the Act on Special Cases concerning the Settlement of Traffic Accidents: (a) was a person engaged in driving of C Freight Vehicles; (b) was driving the said cargo without a driver’s license of a motor vehicle on April 24, 2015; and (c) made a left turn to the left at the right right from the side of the west to the

Since the location is an intersection where no signal, etc. is installed, there was a duty of care to prevent accidents in advance by giving a person engaged in driving service a good look at the right and the right and the right, and by giving a left turn to a vehicle in direct operation.

Nevertheless, the Defendant neglected to turn to the left without neglecting it and received the left-hand part of the EM5 car of the EM5 car from the opposite line as the back-hand part of the Defendant’s cargo vehicle.

Accordingly, the Defendant suffered injury to the victim F (the age of 46) who was on board the back of the said car due to the above occupational negligence, such as cerebral lein in need of treatment for about three weeks.

2. The Defendant violated the Road Traffic Act (unlicensed driving) driving the said cargo vehicle without a driver’s license in a section of about 15 km from the said temporary border development Eup to the above place.

Summary of Evidence

1. Court statement of the defendant (the second trial date);

1. Each statement of D and F;

1. A medical certificate;

1. A traffic accident occurrence report;

1. Application of Acts and subordinate statutes to the actual survey report;

1. Relevant legal provisions concerning the facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents by the Selection of Punishment, Article 268 of the Criminal Act, subparagraph 1 of Article 152 and Articles 43 of the Road Traffic Act;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 38 (2), and 50 of the Criminal Act shall be punished by imprisonment with prison labor (within the scope of the sum total of the long-term punishments of the above two crimes) 2 and 50 of the Criminal Act;

1. The conditions of sentencing in favor of the reasons for sentencing under Article 62(1) of the Criminal Act are as follows.