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(영문) 수원지방법원 안산지원 2014.02.07 2013고단1651

교통사고처리특례법위반등

Text

A defendant shall be punished by imprisonment for not less than five months.

Reasons

Punishment of the crime

On November 16, 2012, the Defendant was sentenced to 8 months of imprisonment for violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Dangerous Driving Death and Injury resulting from Dangerous Driving) and 2 years of suspended execution in the Ansan District Court's Ansan Branch on November 16, 2012.

1. On June 28, 2013, the Defendant: (a) driven a D string vehicle without obtaining a driver’s license at a section of about 700 meters from the 971-9th day to the C front road in Ansan-gu, Ansan-si, Ansan-si; (b) around 17:35, Jun. 28, 2013.

2. The Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (hereinafter “Special Cases Concerning the Settlement of Traffic Accidents”) was driving the said motor vehicle without obtaining the driver’s license as above on the road in front of the common road, the Defendant driven the said motor vehicle at a speed of 10km per hour on the side of movable property along two lanes.

At that time, in accordance with the stop signal, the Fcoon car driven by the victim E (the 40-year-old) was stopped, so there was a duty of care to prevent the accident, such as securing safety distance and stopping by the driver of the vehicle thoroughly.

Nevertheless, the Defendant neglected this and failed to stop the vehicle by negligence, and received the back part of the vehicle in the front part of the vehicle driven by the Defendant.

Ultimately, the Defendant suffered injury to the victim E by occupational negligence, such as satisfy that requires approximately two weeks of medical treatment, and satisfye fy that requires approximately two weeks of medical treatment to the victim G (age 42) who was on board the same vehicle as the above victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A traffic accident report (1) (2);

1. Registers of driver's licenses;

1. Each written diagnosis;

1. Criminal records, investigation reports (in cases of previous convictions and attachment of court records), and application of Acts and subordinate statutes of 2012 high-priced 481 shall apply thereto;

1. Relevant Articles of the Act and punishment concerning the facts constituting the crime;