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(영문) 대전지방법원 홍성지원 2014.11.19 2014고단572

교통사고처리특례법위반등

Text

A defendant shall be punished by imprisonment for four 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. The Defendant in violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents is a person who is engaged in driving freight vehicles C in salary class.

On September 11, 2014, the Defendant driven the above cargo without obtaining a driver's license on September 14:43, 201, and proceeded at a speed of about 50km per hour from the long distance to the 119 Safety Center in writing at the speed of about 119km in front of the west-gun, Chungcheongnam-gun, Seocheon-gun.

At that time, the Defendant had a duty of care to prevent accidents in advance by taking into account the situation of the vehicle in front, securing a sufficient safety distance and driving the vehicle, etc., inasmuch as the victim D(60 years old) driven ahead of the same direction followed the EYI car, which is driven by the victim D(60 years old).

Nevertheless, the Defendant neglected to do so and did not find out that the speed was reduced in order to circumvent the said rocketing passenger car, and did not proceed as it was, and received the back part of the said rocketing passenger car as the front part of the said cargo vehicle.

Accordingly, the Defendant suffered, by such occupational negligence, approximately 2 weeks of injury to the victim H(the age of 64) who was on the part of the victim F(the age of 54), G(the age of 54), and the victim H(the age of 54) who was on the part of the above cargo, for approximately 2 weeks of medical treatment.

2. Violation of the Road Traffic Act (unlicensed Driving) driving of C-wing and fixed freight cars without obtaining a driver’s license within about 1 km section from the front of the ambal treatment plant to the front of the day of the ambal treatment plant, which is located in the post of Seocheon-gun, Seocheon-gun, Chungcheongnam-do.

Summary of Evidence

【Each Facts of No. 1 at the Time of Sales】

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A traffic accident report;

1. Photographs;

1. Each written diagnosis shall be held.