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(영문) 울산지방법원 2013.08.29 2013고단2103

교통사고처리특례법위반등

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

1. Around April 24, 2013, the Defendant violated the Road Traffic Act (unlicensed driving) driving at around 2km from the front of the military base Dong office in Ulsan-gu, Ulsan-gu to the front road of the Ulsan Central Police Station in the same Dong without a driver’s license on April 24, 2013.

2. On April 24, 2013, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents is a person who is engaged in driving of C salary-fin freight vehicles. On April 24, 2013, the Defendant continued the front road in front of the Ulsan Central Police Station located in the Southern East-gu, Ulsan Central Police Station, Ulsan, along the outer intersection, about about 30km each other at a speed of about five lanes, depending on the five-lane distance from the outer intersection.

Since the place has a crosswalk where a signal, etc. is installed, in such cases, there was a duty of care to check whether a person engaged in driving service has a road by reducing speed and checking the right and the right and the right and the right and the right and the duty of care to drive safely according to the new subparagraph.

Nevertheless, the Defendant neglected this and neglected to obtain a driver's license, and caused the negligence of the fluoring the red signal as it is in contravention of the signal and received the front part of the Defendant's cargo vehicle to the right side of the victim D (the 30 years old) who dried the crosswalk in accordance with the pedestrian signals.

The Defendant suffered from an injury to the victim, such as pressure vertebrate, which requires approximately 12 weeks of medical treatment, due to such occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. The actual survey report and on-site photographs;

1. Registers of driver's licenses and details of cancellation thereof;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Relevant legal provisions concerning facts constituting an offense, and subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act that choose the penalty, Article 3 (1), the proviso to Article 3 (2) 1, 6 and 7 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act;

1. Article 37 of the Criminal Code among concurrent crimes.