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(영문) 대전지방법원 천안지원 2018.09.21 2018고단1617

교통사고처리특례법위반(치상)등

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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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) is a person who is engaged in driving a motor vehicle B rocketing siren.

On May 2, 2018, the Defendant driven the above vehicle at around 06:00, and proceeded to turn to the right from the opposite side of the sexual underground road to the intersection of the rocks on the five-lane road near the 496-lane to the northwest-gu, Seoan-gu, Seoan-gu, Seoan-gu.

At the same time, there is an intersection where signal lights are installed, so the defendant engaged in the automobile driving duty has a duty of care to safely proceed in line with the progress signals by checking the signal lights well.

However, the Defendant neglected to do so and took part of the front part of the victim C(51) driving, which was going straight to the right part of the said vehicle due to the negligence in violation of the signal while driving the vehicle without a driver's license, and took part of the front part of the victim C(51) driving the said vehicle in line with the new code, and suffered from the above victim's blood transfusion in need of treatment for about two months.

2. On May 2, 2018, the Defendant was driving a motor vehicle without obtaining the driver’s license from the front of the Cheongwon Apartment apartment located in the 77-lane, Seoan-gu, Seoan-gu, Seoan-gu, Seoan-gu, Seoan-gu, Seoan-gu to the 496-ro, Seoan-gu, Seoan-gu, Seoan-gu, Seocheon-ro, Seoan-gu, Seoan-gu.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of the occurrence of a traffic accident C;

1. A survey report on actual conditions;

1. Report on the occurrence of a traffic accident;

1. A medical certificate;

1. Register of driver's licenses (32 pages of investigation records);

1. On-site photographs;

1. Photographs of a place of accident;

1. Application of the Acts and subordinate statutes on film and video materials;

1. Relevant provisions of the Act on Special Cases concerning the Settlement of Traffic Accidents and the Selection of Punishment, Article 3 (1), the proviso to Article 3 (2) 1 and 7 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act (the occupation of causing occupational negligence, the selection of imprisonment without prison labor), Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (the occupation of driving without a license and the selection of imprisonment with prison labor);

1. The aggravated Criminal Act for concurrent crimes.