beta
(영문) 부산지방법원 2013.12.18 2013고단6427

교통사고처리특례법위반등

Text

A defendant shall be punished by imprisonment for not less than five 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 is engaged in driving a press vehicle B.

On August 22, 2011, the Defendant driven the above cargo without obtaining a driver's license at around 16:30 on August 22, 2011, and entered the entrance of the 204 underground parking lot "Yuk-gu, Busan." into the apartment circulation.

At the time, the surface was dissatisfyed due to the malfunction of the road, and the out of the access road frequently passed through the vehicle, so a person engaged in driving a motor vehicle has a duty of care to look at the motor vehicle that flows through the circulation well, accurately manipulates the steering direction and brake system, thereby preventing accidents.

Nevertheless, the Defendant neglected this and caused injury to brooms, such as brooms that need to be treated for about two weeks in the front part of the freight vehicle, which was driven by the victim C(38 years of age) who was driven by the victim C(38 years of age) of the 207 apartment site at the entrance of the apartment at the entrance of the apartment.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report;

1. A protocol concerning suspect examination of the accused of the driver's license ledger;

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

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) and the proviso to Article 3 (2) 7 of the Act on Special Cases concerning the Settlement of Traffic Accidents According to 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. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2 and (2), and Article 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act (agreement and reflect) of the suspended execution;

1. Article 62-2 of the Criminal Act concerning orders to provide community service and attend lectures;