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(영문) 의정부지방법원 2019.10.01 2018고단5189

교통사고처리특례법위반(치상)등

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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 this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who has been engaged in the operation of B Patom vehicle.

1. Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) and the Defendant of the Road Traffic Act, on April 29, 2018, driving the said vehicle without obtaining a driver’s license at around 18:00, and driving the said vehicle at the speed of about 20km at the speed of about the speed of 10km from the boundary of the ero-Eup/Myeon office.

Since the location is an intersection with frequent traffic, the Defendant, who is engaged in driving of a motor vehicle, has a duty of care to check whether there is another motor vehicle running through the intersection while temporarily stopping or slowly driving prior to entering the intersection, and to safely drive the intersection and prevent the accident.

Nevertheless, the Defendant neglected this and proceeded with the above-mentioned intersection by negligence, and received the right side side of the victim G (the age of 45) driving with the Fside from E to Fside, and received the front part of the above vehicle from the Defendant.

As a result, the Defendant suffered from the above occupational negligence that caused the injury to the victim G, such as “alleys, closeds, etc. of the head of the offline body,” which requires approximately 6 weeks of medical treatment for the victim I (the 45 years old), and the victim I (the 45 years old), who is the victim of the damaged Lao, for approximately 8 weeks of medical treatment. The Defendant damaged the victim G’s 3,487,00 won of repair costs, such as the left-hand exchange of the above Oral Ba, which is owned by the victim G, to cover KRW 3,487,00.

2. Around 17:50 on April 29, 2018, the Defendant driven the said vehicle without obtaining a driver’s license at a approximately 5 km section from the front of his house located in the JJ of Seocheon-gun to the front of the D Atch located in Socheon-gun C.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of G and I;

1. The report on traffic accidents (the actual survey report);