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(영문) 대전지방법원 홍성지원 2017.06.14 2016고단850

교통사고처리특례법위반(치상)등

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A defendant shall be punished by imprisonment for not less than eight months.

The prosecution against the violation of the Road Traffic Act among the charges of this case is dismissed.

Reasons

Punishment of the crime

[criminal records] On July 8, 2015, the Defendant was sentenced to six months of imprisonment with prison labor for special larceny, etc. at the Daejeon District Court on July 8, 2015, and on March 19, 2016, the Defendant completed the execution of the sentence at a prison in order to Eup.

[Criminal facts] 2016 Highest 850

1. The Defendant in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents is a person who is engaged in driving a DNA franchise.

On June 23, 2016, the Defendant driven the said car without obtaining a driver's license on 09:47, and proceeded directly from the west apartment to the Seocheon Special Market at a speed of about 30km per hour from the west-gun E to the west Special Market.

Since there is an intersection that is not supported by traffic control, a person engaged in driving service has a duty of care to check whether there is a cross-road vehicle by reducing the speed or temporarily stopping and prevent accidents in advance by driving.

Nevertheless, without examining whether there is a cross-road vehicle due to neglect of this, the Defendant received the front part of the Hau Q5 car driving in front of the left-hand part and the pentum part of the Hau Hau Ga, which was driven by the victim G, from the right-hand side of the proceeding direction, without checking whether or not there is a vehicle crossing.

As a result, the Defendant suffered injury to the victim due to the occupational negligence above, which requires approximately two weeks of medical treatment.

2. Violation of the Road Traffic Act (Unlicensed Driving) driving a motor vehicle without obtaining a driver's license in approximately 500 meters away from the front of the mountain apartment located in Seocheon-gu, Seocheon-gu, Seocheon-gu, Seocheon-gu, Seocheon-gu, Seocheon-gu, Seocheon-do to the front of the F cafeteria in E via the road located in the front of the F cafeteria in the Dongcheon-gu, Seocheon-gu, Seocheon-gu, Seocheon-do.

around 14:29 on April 6, 2017, the Defendant of Yangcheon-gu Seoul, Yangcheon-gu, Seoul, about 100 meters from the day to the day before the 310th day of the same year.