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(영문) 춘천지방법원 강릉지원 2019.05.17 2019고단66

교통사고처리특례법위반(치상)등

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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 of the final judgment.

Reasons

Punishment of the crime

1. Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) by the Defendant is a person engaging in driving a motor vehicle B.

On January 4, 2019, the defendant, without obtaining a driver's license at around 17:50 on January 4, 2019, driven the front of the road in the East Sea C from the side of the comprehensive playground.

Since there are vehicles on the front side, they had a duty of care to live well on the front side and to safely drive the vehicle by maintaining the safety distance.

Nevertheless, the Defendant was negligent in neglecting his duty at the front time, and was driven by the victim E (Woo, 36 years old) who was stopping in accordance with the stop No. 1, and the front part of the car driven by the Defendant.

Ultimately, the Defendant suffered injury to the victim, such as salt, tension, etc. in need of medical treatment for about two weeks due to such occupational negligence.

2. On January 4, 2019, the Defendant violated the Road Traffic Act (free license) driving of the vehicle B in the 25km section from the front of G to the place specified in paragraph (1) at the same time without obtaining a driver’s license on January 17, 2019.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of the occurrence of E traffic accidents;

1. A report on the occurrence of a traffic accident, a fact-finding survey report, and an on-site map of a traffic accident;

1. Registers of driver's licenses;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 3 (1), the proviso of Article 3 (2) and Article 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 Road Traffic Act concerning facts constituting an offense;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 38 (2), and 50 of the Criminal Act (within the scope of the total of the long-term punishments for two crimes);

1. Article 62 (1) of the Criminal Act on the stay of execution (including the fact that the insurance has been subscribed and the agreement has been reached with the victim);

1. Probation and community service order;