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(영문) 전주지방법원 남원지원 2014.02.04 2013고단287

교통사고처리특례법위반등

Text

A defendant shall be punished by imprisonment for not less than eight 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 is engaged in driving of a C Poter cargo vehicle.

On November 5, 2013, at around 12:30 on November 5, 2013, the Defendant, without a driver's license for a motor vehicle, proceeded ahead of the new political settlement center in the Southern-si, Southern-si, the front of the road at a king-dong level with the chemical air-conditioning.

At the time, this is one-lane road, and the victim D (year 70) is driving before the direction of the defendant's proceeding, and in such a case, the defendant engaged in driving service has a duty of care to safely drive the steering gear and the brake system and prevent the accident by safely operating the steering gear and the brake system with due care to prevent the accident by giving notice to the driver of the vehicle who is engaged in driving the vehicle, while driving the vehicle while maintaining the safety distance with the above Oratoba, and driving the vehicle in front of the above Orabababa, and driving the vehicle in front of the vehicle in front of the above Orabababa.

Nevertheless, the Defendant neglected to do so and caused the left part of the cargo vehicle that the Defendant drives by negligence leading to Oralba, which is the back part of the cargo vehicle that the Defendant drives, to the left part of the Oralba.

As a result, the Defendant caused the victim D’s occupational negligence to suffer injury to the victim D, including about 6 weeks of cage cage cages, and the victim F (M, 67 years of age), who was on the back of the cage cage cages, and the victim F (M, 67 years of age) who was on the back of the cage cage cages, etc., for about 11 weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements prepared in D;

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

1. The ledger of driver's licenses;

1. Application of Acts and subordinate statutes of a medical certificate (D), medical certificate (F);

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

1. The Commercial Concurrent Crimes Act.