beta
(영문) 창원지방법원 거창지원 2015.01.28 2014고단284

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. Around 21:50 on July 23, 2014, the Defendant was driving a two-wheeled vehicle of approximately 1.5 meters in the section from the front road of the Central91 Emergency Aid Team located in the Dong-dong, Chang-gu, Chungcheongnam-gun, Chungcheongnam-gun, Seoul, to the front road of the Clean Plantwon located in the same Eup/Myeon, without obtaining a driver’s license.

2. The Defendant in violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents is a person who is engaged in driving a B guardianco-wing 400 Obama.

On July 23, 2014, at around 21:50, the Defendant, at the speed of about 60 km from the Gyeongdong-gu, Changdong-gu, Changdong-gu, Changdong-si, the two-lane roads in front of the Cheongwon-si, Changwon-gu, Changdong-gu, Changdong-si, were driven at a speed of about 60 km in the Si-si.

At the time of night, the person engaged in driving service had a duty of care to prevent accidents by accurately manipulating the steering gear, steering gear, etc. and operating it in a safe manner.

Nevertheless, the Defendant neglected this and found the victim C (year 51)'s lebane prior to the same lane as the Defendant by negligence proceeding without obtaining the driver's license as above, and received the back portion of the above lebane on the right side of the Defendant's vehicle.

As a result, the Defendant suffered from the victim's occupational negligence abstinence of the left-hand scam of the need for treatment for about five weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. The actual survey report and traffic accident record and photograph;

1. Registers of driver's licenses;

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

1. Relevant legal provisions concerning facts constituting an offense, and subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act that choose a penalty, 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, and Article 268 of the Criminal Act;

1. The former part of Article 37 of the Criminal Code among concurrent crimes.