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(영문) 수원지방법원 2021.01.13 2020고단6667

교통사고처리특례법위반(치상)등

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is also a person who is engaged in driving a CA car.

On June 29, 2020, the Defendant driven the above vehicle without a driver's license on 09:50 on June 29, 2020, and led to the left turn to the left at the right turn from the tin, Sacheon Sari-distance slope to D elementary school.

In such cases, a person engaged in driving of a motor vehicle has a duty of care to make a left-hand turn after checking the right and right of left-hand before the left-hand turn.

Nevertheless, the Defendant neglected this and went to the left as it was due to the negligence of the Defendant’s failure, and went to the right at the close part of the victim E (Seoul, 44 years old) driving, the upper part of the lower part of the car left to the left was also received as the front part of CA car.

As a result, the Defendant suffered injury to the victim due to the above occupational negligence, such as an injury to the blood transfusion from an external wound, which requires approximately 14 weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report, a photographic suspect on the scene of the accident, a criminal investigation report on video stuffs (victim E telephone conversations);

1. The driver's license ledger (A);

1. Application of Acts and subordinate statutes (Evidence No. 46 pages);

1. Relevant Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, Article 268 of the Criminal Act (the occupation and loss of duties, the choice of imprisonment without prison labor), subparagraph 1 of Article 152 of the Road Traffic Act, and Article 43 of the Road Traffic Act (the occupation of unauthorized driving, the selection of imprisonment with prison labor) concerning criminal facts;

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 38 (2), and 50 of the said Act for the increase of concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The crime of this case on the grounds of the protection and observation and the sentencing of Article 62-2 of the Social Service Order Criminal Act was committed on November 8, 2019 by the Defendant, whose driver’s license was revoked on November 8, 2019, resulting in a traffic accident involving an injured vehicle, thereby causing injury to the victim.