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(영문) 대구지방법원 안동지원 2016.08.26 2016고단451

교통사고처리특례법위반등

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for 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 of Lone Star or Cargo Vehicles B.

On 21, 2016. 21. 05:17, the Defendant driven the said vehicle without obtaining a driver’s license on 05:17, and moved the tri-distance crossing of the mountain crossing, which is located in 230-1 as an original city of permanent residence, to the direction of the direction of the passage from the sloping distance.

In this case, the driver has a duty of care to safely operate the steering system and the steering system by accurately operating the steering system and the steering system.

Nevertheless, the Defendant neglected to do so and got the right side part of the victim C (73 tax) who was going to go on a bicycle by negligence while driving the bicycle, and received the left part of the above vehicle.

Defendant 1 suffered injury to the victim by negligence in the above business, such as the left-hand dump dump, which requires approximately two weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. The actual survey report and photographs;

1. A medical certificate;

1. Application of Acts and subordinate statutes to the ledger of driver's licenses;

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, Article 38 (1) 2, and Article 50 of the same Act [the punishment shall be aggravated by concurrent crimes prescribed by the Act on Special Cases concerning the Settlement of Traffic Accidents, the largest punishment of which is applicable, and shall be punished by imprisonment with prison labor (limited to the total of the long-term punishment of the above two crimes];

1. The main sentence of Article 62 (1) of the Criminal Act;

1. Grounds for sentencing under Article 62-2 (1) of the Criminal Act for observation of protection and observation;

1. One month to six years from the date of imprisonment with prison labor for a prison labor in law; and

2. Application of the sentencing criteria;

(a) The area of recommendation and the scope of punishment for a violation of the Act on Special Cases concerning the Settlement of Traffic Accidents: Type 1, the area of mitigation, the area of imprisonment with labor for one month to six months;

(b) imprisonment with prison labor for not less than one month;