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(영문) 의정부지방법원 고양지원 2016.06.30 2016고단641

교통사고처리특례법위반등

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

The Defendant is a person who is engaged in driving freight B.

On January 23, 2016, the Defendant driven the above cargo without the driver's license on the road in front of the Sari-gu Sari-gu, Sari-gu, Sari-gu, Sari-gu, Sari-gu, Sari-gu, Sari-gu.

A person engaged in driving service has a duty of care to drive in order to prevent accidents by properly examining the right and the right of time.

Nevertheless, the Defendant neglected this and failed to accurately operate the brake system, and thereby was negligent in operating it before the direction of the Defendant’s proceeding C(69).

D D The back part of the passenger car was shocked by the front part of the Defendant freight truck.

Ultimately, the Defendant suffered injury to the victim, such as finite finites, which requires approximately two weeks of medical treatment, due to the foregoing occupational negligence, and at the same time suffered injury, such as finite finites, which require approximately two weeks of medical treatment to the victim E (V, 67 years of age) who is the passenger of the victimized vehicle.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. A medical certificate;

1. Registers of driver's licenses and details of revocation of driver's licenses;

1. Application of statutes on site photographs;

1. Article 3 (1) of the relevant 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. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor for a crime of violating the Act on Special Cases concerning the Settlement of Optional Traffic Accidents: Imprisonment without prison labor or a crime of violating the Road Traffic Act;

1. The provisions of the former part of Article 37 of the Criminal Act, Articles 38(1)2 and 38(2), and 50 of the same Act (the punishment shall be aggravated for concurrent crimes within the extent that the punishment is aggregated with the punishment provided for in the Act on Special Cases concerning the Settlement of Traffic Accidents, whichever is heavier, and shall be punished by imprisonment);

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Order to attend lectures under the Criminal Act;