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(영문) 대구지방법원 2020.05.14 2020고단303

교통사고처리특례법위반(치상)등

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

The defendant is a person who drives a motor vehicle B, sod. A.

On October 11, 2019, the Defendant driven the said car as his duties without a driver's license on October 11, 2019, while driving the said car in Daegu Dong-gu C, and driving the D-way into three-lanes in the direction of white ginseng distance from the west side.

A person engaged in the vehicle driving duty has a duty of care to prevent accidents by accurately manipulating the steering direction and brake system of the vehicle, while a person engaged in the vehicle driving duty has a duty of care to prevent accidents.

그럼에도 피고인은 이를 게을리한 채 그대로 진행한 과실로 마침 피의 승용차 진행 방향 3차로에 주차 중이던 E(남, 47세) 운전의 F 덤프트럭의 좌측 뒷부분 등을 피의 승용차의 우측 앞부분 등으로 들이받아 그 충격으로 피의 승용차가 좌측으로 튕기며 2차로로 진행하던 피해자 G(남, 63세) 운전의 H 쏘나타 차량의 좌측 뒤부분 등을 피의 승용차로 밑부분 등으로 충돌을 하게 되었다.

Ultimately, the Defendant caused the victim G by negligence in the course of performing the above duties to suffer approximately two weeks of salt, tensions, and tensions, etc. to the victim I (the age of 43) by finding the fluor who was on board a passenger car in the passenger car, and by taking about two weeks of treatment to the victim I (the age of 43).

B. On October 11, 2019, the Defendant driven the said car without a driver’s license on October 11, 2019, approximately KRW 8 km from the Daegu Dong-guJ, Daegu-gu, and the frontway to D and the frontway in the same Gu C.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of the G production;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. Registers of driver's licenses;

1. Photographs of the accident site;

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

1. Article 3 (1), the proviso of Article 3 (2) and 7 of the Act on Special Cases concerning the Settlement of Traffic Accidents concerning Criminal Facts, and the Selection of Punishment, Article 268 of the Criminal Act, Article 152 subparagraph 1 of the Road Traffic Act.