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(영문) 대구지방법원 김천지원 2013.04.24 2013고단163

교통사고처리특례법위반등

Text

1. The defendant shall be punished by imprisonment with prison labor for ten months;

2.Provided, That the above sentence shall be executed for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 7, 2012, the Defendant operated a vehicle CR5 car without a driver's license as a business on October 16, 2012, which operated the automobile mandatory insurance without a driver's license, and proceeds from the two-lanes of the second line road in the front side of the Sinsi-dong of the Sinsi-si, the Defendant neglected to perform the duty of the front-way watch, and received the two-lanes of the Da (67 years old) E 49c Rental, which driven the side of the two-lane, to the right side of the road on the left side of the Defendant's vehicle, from the course due to the occupational negligence of driving the road on the left side of the two-lane.

The Defendant suffered injury to the victim, such as double ducts, which require approximately eight weeks of medical treatment, due to such occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Reports on the occurrence of traffic accidents, reports on actual condition investigation, and photographs;

1. Registers of driver's licenses;

1. Mandatory insurance policies;

1. Application of Acts and subordinate statutes of Part II of the medical certificate;

1. Article 3(1) and the proviso of 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, Article 46(2)2 of the Guarantee of Automobile Accident Compensation Act and the main sentence of Article 8 of the Act on Special Cases concerning the Operation of Motor Vehicles which are not Mandatory Insurance and the Selection of Imprisonment);

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2 and (2), and Article 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents: Crimes of violation of the Road Traffic Accidents Injury by Traffic Accidents (Unlicensed Driving) and the violation of the Act on Guarantee of Automobile Accident Compensation: Crimes that have not been established in sentencing guidelines [Special Sentencing mitigated elements]: In a case where the victims have gross negligence on the occurrence of traffic accidents or the expansion of damage [the scope of recommending area and recommendation range].