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(영문) 대구지방법원 경주지원 2013.07.16 2013고단159

교통사고처리특례법위반등

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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 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 engaged in driving a passenger car at Benz.

On December 20, 2012, the Defendant driven the above car at around 14:30 on December 20, 2012, and operated a one-way road from the direction of the sporaeg-Eup to the sporadic distance.

There was a duty of care to prevent accidents in advance, such as reducing speed as a defendant engaged in driving service, and ensuring the safety of the course by checking well the front seat, as a defendant who is engaged in driving service on a frequent road with a parking vehicle or pedestrian traffic.

Nevertheless, the Defendant neglected this and went to the right side of the victim C (the age of 48) in the same direction as the end of the vehicle without a driver's license, and went to the right side of the victim C (the age of 48). The part of the victim's left side side side side of the vehicle is turned to the front side of the vehicle's right side.

As a result, the Defendant caused the victim to suffer from the above occupational negligence for approximately eight weeks, which caused the pressure of the left-hand side in need of treatment.

2. The Defendant violated the Road Traffic Act (unlicensed Driving) without a driver’s license on the date and time set forth in paragraph (1) of this Article, operated Bbenz automobiles at a section of approximately 100 meters from the 100-meter radius to the roads adjacent to the Magna Mag-Eup Man-si Man-si Magdong, Seoul.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Registers of driver's licenses;

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

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents by Relevant Acts concerning criminal facts, Article 268 of the Criminal Act, Article 152 subparagraph 1 of the Road Traffic Act, and Article 43 of the Road Traffic Act (the occupation of driving without a license and the selection of imprisonment);

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 of the Criminal Act: