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(영문) 광주지방법원 2019.09.05 2019고단1349

교통사고처리특례법위반(치상)등

Text

A defendant shall be punished by imprisonment with prison labor for four months.

Reasons

Punishment of the crime

[Criminal Power] On December 13, 2018, the Defendant was sentenced to one year to imprisonment with prison labor for violating the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) at the Gwangju District Court, and two years of suspended execution, which became final and conclusive on December 21, 2018 and is currently under suspended execution

【Criminal Facts】

1. The defendant is a person who is engaged in driving B cargo vehicles in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents;

On March 13, 2019, the Defendant driven the above vehicle without obtaining a driver's license on March 13, 2019, and led to the head of Sungsung-gun, Sungsung-dong, Samsung-dong, Samsung-dong, to proceed with the cross-section from C to the cross-section.

At this point, since the vehicle is a revolving intersection, the defendant engaged in driving service has a duty of care to avoid the accident by emphasizing the front side and the left side and accurately manipulating the steering and brakes.

Nevertheless, the Defendant neglected to do so and went through without obtaining a driver's license as above, and the part on the front side of the driver's seat of the Ebenz Do driving by the victim D (at the age of 56) who entered the revolving intersection was faced with the front side of the vehicle.

The Defendant suffered injury to the victim, such as brain salvina, which requires approximately two weeks of medical treatment, due to such occupational negligence.

2. The Defendant violated the Road Traffic Act (unlicensed Driving) driving of the B truck without obtaining a driver’s license in approximately 3 km section from the road near C in the F of the said temporary border-gun to the said accident site.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. The actual condition survey report;

1. Registers of driver's licenses;

1. A medical certificate;

1. On-site map and on-site photograph;

1. Previous convictions in judgment: Application of inquiries, such as criminal records, investigation reports [including the facts that a suspect is under the suspension of execution (including a copy of judgment attached thereto)];

1. Criminal facts;