beta
(영문) 인천지방법원 2020.11.04 2020고단5398

교통사고처리특례법위반(치상)등

Text

A defendant shall be punished by imprisonment for one year.

However, for two years from the date this judgment becomes final and conclusive, the execution of punishment shall be suspended.

(b) the defendant;

Reasons

Punishment of the crime

1. Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) by the Defendant is a person engaging in driving a BMW car;

On March 16, 2020, the Defendant driven a car without obtaining a driver's license on March 20, 2020, and proceeded at about 78 km in the speed of the front of the D, which is located in Nam-gu Incheon Metropolitan City C, according to four lanes in front of the D, Nam-gu, Incheon.

At the time, it is night and its place is 60km speed, so the defendant has a duty of care to safely operate by accurately operating the steering gear and steering the steering gear.

Nevertheless, by negligence of neglecting this, the Defendant did not discover the victim F (58 years of age) who crosses the road to the right side from the left side of the running direction of the Defendant, and received the part of the victim F (58 years of age) in front of the automobile and the glass window.

As a result, the Defendant suffered injury to the victim F by his occupational negligence, such as the victim G (the 29-year old age), knee knee knee knee knee knee, etc., requiring approximately 16 weeks of treatment to the victim F.

2. Around 20:53 on March 16, 2020, the Defendant driven a vehicle without obtaining a driver’s license in a section of about 4 km from the south Dong-dong Seo-gu, Incheon Metropolitan City to the front side of the Dong-dong, Seodong-gu, Incheon Metropolitan City.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of H and G respectively;

1. A traffic accident report;

1. Application of respective Acts and subordinate statutes on the register of driver's licenses;

1. Article 3 (1) and the proviso to Article 3 (2) 7 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act concerning criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. To the extent that theF injury of a victim of selective imprisonment or imprisonment without prison labor is needed for approximately 16 weeks of medical treatment, and the defendant at the Incheon District Court on March 11, 2019.