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(영문) 서울중앙지방법원 2018.01.16 2017고단7577

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. Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) is a person who is engaged in driving of a passenger car with B low-priced car.

On October 12, 2016, the Defendant driven the said car without obtaining a driver’s license of the said car and was driving the said car on three-lanes of the six-lanes in front of the head office of the Hyundai Motor Vehicle in Seocho-gu Seoul Special Metropolitan City, Seocho-gu, in both sides of the roads of the 12-lanes in front of the head office of the modern Motor Vehicle in Seocho-gu, Seoul, and was driving the motor vehicle in the direction of the Guamyung (U.S.) Underground Road in the IC, a person who was engaged in driving the motor vehicle while driving the motor vehicle while driving the motor vehicle in the direction of the Guamyung (U.S.) in both sides of the Guamyung (U.S.).

Defendant 1 caused the injury to the victim C, such as salt, tensions, etc., requiring approximately two weeks of medical treatment, injury to the victim E (V, 45 years of age) who is a passenger of the low-priced passenger vehicle, such as crums, tensions, etc., requiring approximately two weeks of medical treatment, and injury to the victim F (V, 49 years of age) who is another passenger, such as crums and tensions, requiring approximately three weeks of medical treatment.

2. Around October 12, 2016, the Defendant violated the Road Traffic Act (unlicensed driving) driving a car at the front of the headquarters located in the Seocho-gu Seoul Special Metropolitan City Hunne-ro 12, without obtaining a driver’s license, around October 14:59.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. A traffic accident report;

1. The driver's license ledger;

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

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 facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of penalty;