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(영문) 전주지방법원 2013.09.04 2013고단1745

교통사고처리특례법위반등

Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

1. Violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents and Violation of the Road Traffic Act (Unlicensed Driving) the Defendant is a person engaged in driving a car of Kawn. On April 13, 2013, the Defendant driven the said car without obtaining a driver’s license on April 23, 2013, and led the instant car to proceed from the side of this hospital the shooting distance in front of rice in the West-gu, Ynsan-gu, Seoul to the direction of the instant hospital.

In this case, there was a duty of care to prevent accidents in advance by safely driving a crosswalk by reducing the speed for persons engaged in driving a motor vehicle and checking the right and the right of the motor vehicle.

Nevertheless, the Defendant neglected this and got the victim D (the age of 55) who opened a crosswalk to the right side from the left side of the proceeding direction by negligence, which led to the front part of the Defendant’s car.

Ultimately, the Defendant suffered injury to the victim, such as a felbage, etc., that requires approximately eight weeks of treatment due to such occupational negligence.

2. Illegal uttering of official documents, fabrication and uttering of private documents, and forgery and fabrication of private signature, and the uttering thereof;

A. The Defendant’s unlawful uttering of official document presented his driver’s license as if he were his driver’s license in the name of the Defendant who was in the name of the head of the former North Korean Police Agency who was in the name of the head of the former North Korean Police Agency at the time, at the same time, and at the same place as in paragraph (1).

Accordingly, the defendant did not exercise his driver's license, which is an official document.

B. The Defendant forged a private document and uttering the document above.

“G” and the name column of the traffic accident-related person’s statement, without authority, for the purpose of exercising at the same time and place as the same paragraph.