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(영문) 서울북부지방법원 2017.03.23 2016고단5254

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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The Defendant is a person who is engaged in driving a C-wing and cargo vehicle.

On September 29, 2016, the Defendant did not obtain a driver's license of a motor vehicle on September 29, 2016, and turned to the left at an unsured speed depending on the speed of turn one vehicle in the direction of the Gun of the front side of Dongdaemun-gu Seoul Metropolitan Government D.

At the front of that place, there is an intersection, such as a signal connected to the front road of the Gu.

In such cases, the driver of a vehicle has a duty of care to check whether there is a vehicle passing through the intersection by reducing the speed and keeping the road well, and to prevent the accident in advance by driving safely.

Nevertheless, the Defendant neglected to do so and caused the collision between the victim E (54) who was in the direction of the military and the driver’s direction at the flat basin by negligence that caused the Defendant to neglect it, and the head sentence of the Fpoter, who was in the direction of the military, conflict with the front offender of the Defendant’s vehicle.

Ultimately, the Defendant suffered injury to the victim, such as the two-time care for the two-time care due to the foregoing occupational negligence, the two-time care for the victim.

2. The Defendant violated the Road Traffic Act (Non-licenseless Driving) driving of C-wing Cargo Vehicles over a section of about 100 km to the front road of Dongdaemun-gu Seoul Dongdaemun-gu, Dongdaemun-gu, Seoul, without obtaining a driver’s license at the time of the same day as above 1.

Summary of Evidence

1. Statement by the defendant in court;

1. The application of Acts and subordinate statutes to a traffic accident situation report (E, G), a fact-finding survey report, a driver's license ledger, and a medical certificate;

1. Article 3(1) and the proviso to Article 3(2)7 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 152 Subparag. 1 and Article 43 of the Road Traffic Act concerning criminal facts;

1. Determination of imprisonment without prison labor for a crime of violating the Act on Special Cases concerning the Settlement of Optional Traffic Accidents, and a violation of the Road Traffic Act;

1. The former part of Article 37 of the Criminal Code, and Article 38.