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(영문) 수원지방법원성남지원 2020.11.20 2020고단3095

교통사고처리특례법위반(치상)등

Text

A defendant shall be punished by imprisonment for six 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

The defendant is a person who is engaged in driving a radar car.

On August 20, 2020, the Defendant driven the said car without a driver’s license on August 19, 2020, and driven the C Apartment-gu Seoul apartment road from the area of active service to thewest-distance distance. On August 20, 202, the Defendant, by negligence in the course of duty and negligence, brought the back-winger of the victim D (Nam, 32 years old), who was waiting in the air at the front of the said car.

Ultimately, the Defendant, by occupational negligence, caused the above victims D to suffer injury such as salt, tension, etc. of the entire species of the light that require treatment for about three weeks, and the victim F, who was boarding the above hosting vehicle, suffered injury to the victim F, who was on board the above string vehicle, and the victim F, who was on board the 28 years old, due to the number of days of treatment.

Summary of Evidence

1. Written statements prepared by the defendant in court;

1. Application of Acts and subordinate statutes to the traffic accident report, the current state of driving without obtaining a license, the report on the occurrence of traffic accidents, and the vehicle driving certificate register;

1. Article 3 (1), the proviso to Article 3 (2) or 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 facts constituting an offense;

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

1. In regard to the crime of violation of the Act on Special Cases concerning the Settlement of Traffic Accidents by Selection of Punishment, imprisonment without prison labor and without prison labor for the crime of violation of the Road Traffic Act, each choice shall be made;

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 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act is that the defendant, while driving without a license, caused a traffic accident and sustained bodily injury to the victims, and that the defendant has a record of punishment once for driving without license.

However, the victims shall be punished for the defendant by agreement with the victims.