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(영문) 부산지방법원 동부지원 2019.02.13 2018고단2044

교통사고처리특례법위반(치상)등

Text

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

Reasons

Punishment of the crime

1. The Defendant in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents is a person who drives a freight vehicle B 1.5 tons.

On October 30, 2017, around 08:20 on October 30, 2017, the Defendant parked the above cargo vehicle on the front road located in Busan Shipping Daegu C, and then loaded it on the vehicle.

The location was a sloping road, and the vehicle has a heavy volume of one ton in the above vehicle, and thus, in such a case, the driver has a duty of care to safely maintain the state of suspension of the vehicle and prevent any damage to other persons by safely maintaining the state of suspension, such as taking the balke properly to the person engaged in driving service, and balping the wheel with the wheels.

Nevertheless, the Defendant neglected to do so and neglected to do so, and did not properly lock the wheel with the wheels, and caused the victim E (the age of 56) (the age of 56) on which the said vehicle was lowered and the road was located.

As a result, the Defendant suffered injury to the victim due to the above occupational negligence, such as the right mouth, the pelle of the back wall, the left-hand pelle of the entrance, the pelle of the pelle, and the pressure gale of the 5th century.

2. Around 08:20 on October 30, 2017, the Defendant driven the said cargo vehicle at a distance of about 20 meters without a vehicle driver’s license from the front of G located in the Busan Shipping Daegu F, to D located in C.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. Photographss of the scene of the accident or CCTVs of the scene of the accident;

1. Investigation report (the result whether the report constitutes a serious injury or injury) (the submission of a medical certificate and a medical opinion);

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

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents by the Selection of Punishment, Article 268 of the Criminal Act, Article 268 of the Criminal Act, subparagraph 1 of Article 152 of the Road Traffic Act, and Articles 152 and 43 of the Road Traffic Act;

1. The former part of Article 37 of the Criminal Code and Article 38 of the Criminal Code among concurrent crimes.