beta
(영문) 광주지방법원 2014.01.16 2013고단5537

교통사고처리특례법위반등

Text

A defendant shall be punished by imprisonment for six months.

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

At around 18:30 on July 18, 201, the Defendant, without a driver’s license, driven a wing and freight vehicle B, proceeded with two-lanes of “do-dong” located in the respective districts of Gwangju North-gu, Gwangju, into Gwangju-do-dong. At that time, the victim C(52 years of age) was driving on the front bank. Thus, the Defendant correctly operated the front bank, the left and left, and was negligent in performing the duty of care to maintain the safety distance with the vehicle in front of the vehicle in front of the vehicle in front of the vehicle in front of the vehicle in front of the vehicle in front of the vehicle in front of the vehicle in front of the vehicle in front of the vehicle in front of the vehicle in front of the vehicle in front of the vehicle in front of the vehicle in front of the vehicle in front of the vehicle in front of the vehicle in front of the vehicle in front of the vehicle in front of the vehicle in front of the vehicle, thereby resulting in the injury of the

Summary of Evidence

1. Defendant's legal statement;

1. A medical certificate;

1. Application of Acts and subordinate statutes to the ledger of respective driver's licenses, and detailed statements of insurance proceeds;

1. Relevant legal provisions concerning criminal facts, Article 3 (1), the proviso to Article 3 (2) and Article 3 (7) of the Act on Special Cases concerning the Settlement of Traffic Accidents in the Selection of Punishment, Article 268 of the Criminal Act, Article 152 subparagraph 1 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 Act, and Articles 38 (1) 2 and 38 (2) and 50 of the same Act for the increase of concurrent crimes;

1. Suspension of execution under Article 62 (1) of the Criminal Act ( comprehensively considering the degree of negligence of the accused, the degree of damage to the victim, the criminal records of the accused, etc.);