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(영문) 춘천지방법원 영월지원 2019.01.08 2018고단318

교통사고처리특례법위반(치상)등

Text

A defendant shall be punished by imprisonment for one year.

except that 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 B Poter cargo vehicles.

On July 15, 2018, the Defendant, without obtaining a driver's license on July 14, 2018, was allowing to enter the port by driving the said cargo onto a road at the front of the public parking lot of Gangwon-gun C.

In this case, since the above height of a police box is one-lane road, and a number of automobiles including the E golf car driven by the victim D were in progress on the above road, there were occupational duties to prevent accidents by checking the traffic flow of the front line and entering the road, such as checking the traffic flow by the driver of the vehicle.

Nevertheless, the Defendant failed to discover the above golf car and entered the same as it is, due to the negligence of not finding the above golf car, received the head sentence part of the above car as the front part of the left-hand side of the freight vehicle.

As a result, the Defendant was driving without obtaining a driver's license, and suffered injury to the victim D, such as chills, tensions, etc., which require approximately two weeks of medical treatment, and suffered injury to the victim F, who is the passenger of the said car, such as salt, tensions, etc., for about two weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement on the occurrence of D traffic accidents;

1. Each report on actual condition;

1. On-site photographs;

1. Investigation report (victim D telephone communications);

1. Each written diagnosis;

1. Application of the statutes on the register of driver's licenses;

1. Article 3 (1) and the proviso of Article 3 (2) of the Act on Special Cases concerning the Handling of Traffic Accidents by Relevant Acts concerning criminal facts, Article 268 of the Criminal Act, subparagraph 1 of Article 152 of the Road Traffic Act, and Article 43 of the Road Traffic Act;

1. The provisions of Articles 40 and 50 of the Criminal Act (the provisions of Articles 40 and 50 of the Act on Special Cases concerning the Settlement of Traffic Accidents).

1. With respect to the crime of violation of the Act on Special Cases concerning the Settlement of Traffic Accidents by Selection of Punishment, imprisonment without prison labor shall be sentenced, and imprisonment without prison labor shall be sentenced to the crime of violation of the Road Traffic Act;