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(영문) 광주지방법원 2019.04.30 2019고단393

교통사고처리특례법위반(치상)등

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A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around 15:30 on December 24, 2018, the Defendant, at around 5:5:30, driven a car without obtaining a driver’s license in a section of about 500 meters from the roads adjacent to the trade name in the new harbor in Gwangju Northern-gu to the B apartment, without obtaining a driver’s license.

2. The Defendant is a person who is engaged in driving a car in accordance with the Act on Special Cases concerning the Settlement of Traffic Accidents.

On December 24, 2018, the Defendant driven the above van on the 15:30 on December 24, 2018, and led to the running of B apartment from the border distance to the B apartment.

Since there are many places in which people are frequent, there was a duty of care to prevent accidents by accurately manipulating the steering direction and brake system to the person engaged in driving service.

Nevertheless, the Defendant neglected to do so, without obtaining a driver's license, received the victim's head side of the victim D (the age of 84) who crosses the road to the right side of the motor vehicle due to the driver's negligence.

Ultimately, the Defendant suffered brain injury, etc. to the victim for about six weeks of medical treatment due to such occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of E and F;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. Electronic data;

1. Application of Acts and subordinate statutes to a report on investigation (as to attachment of a medical certificate);

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. Crimes of violation of the Act on Special Cases concerning the Settlement of Traffic Accidents: Violation of the Road Traffic Act concerning the selection of imprisonment without prison labor: Selection of imprisonment;

1. The punishment provided for in the former part of Article 37 and Article 38(1)2 and (2) and Article 50 of the Criminal Act, which increases concurrent crimes, is heavier;