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(영문) 전주지방법원 군산지원 2019.07.10 2019고단203

교통사고처리특례법위반(치상)등

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A defendant shall be punished by imprisonment with prison labor for up to 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 the driving of a cargo vehicle B.

On January 22, 2019, the Defendant driven the above cargo without obtaining a driver's license on January 11, 2019, and led to the driving of the above cargo along the two-lane road of the Yongsan-gu three-lane distance in the 11-lane 13 in the Gasan-si in the Gyeongsan-si.

At the time, there was a signal-based vehicle in the front door, so in such a case, the driver of the motor vehicle had a duty of care to prevent the accident in advance by accurately manipulating the front door and accurately manipulating the steering system, steering gear, etc.

Nevertheless, the Defendant neglected this and neglected to operate the speed system instead of the brake and proceeded with it, and received the back portion of the victim C(58 years old) driver's car waiting at the front of the Defendant's cargo vehicle.

As a result, the Defendant suffered, by its occupational negligence, the injury to the victim E (V, 54 years old) and F (V, 79 years old) of clocks, tensions, etc., which require approximately two weeks of medical treatment for the above victim. The Defendant suffered each injury to the victim E (V, 54 years old) and the victim E (V, 79 years old).

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes, such as a report on the occurrence of a traffic accident, an accident site photograph, an investigation report on the actual condition of a traffic accident, the ledger of driver's license, a report on internal investigation (victim C telephone conversations), a diagnostic certificate (C, E

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, or Article 43 of the Road Traffic Act concerning facts constituting an offense;

1. Articles 40 and 50 (Punishment to be imposed on the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents, among the crimes of violation of the Act on Special Cases concerning the Settlement of Traffic Accidents, and the provision concerning the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents against F of the severe victim who has committed the crime

1. Selection of penalty;