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(영문) 울산지방법원 2015.07.16 2015고단1046

교통사고처리특례법위반등

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A defendant shall be punished by imprisonment for not less than eight 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 operation of a C truck.

On October 18, 2010, the Defendant driven the above cargo vehicle without a driver's license on October 18, 2010, and proceeded at a speed of about 20km from the boundary of Ulsan National University to the new-style apartment with a two-lane crossing in Ulsan National University, Ulsan National University, and changed the course to three-lane.

In such cases, a driver of a motor vehicle has a duty of care to safely change the course of driving the motor vehicle by accurately operating the steering gear and the steering gear of the motor vehicle.

Nevertheless, the Defendant neglected this and caused the victim D (the age of 48) driving car driving in the same direction by the negligence of changing the car line in the same direction, which was driven in the same direction as three-lanes, due to the Defendant’s negligence.

Ultimately, the Defendant suffered from the victim D’s occupational negligence on the part of the above two-month medical treatment, and the victim E (the 18-year old-age medical treatment) suffered from the injury of the finite finite which requires approximately one-day medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to a traffic accident report, actual condition investigation report, disqualified inquiry report of the main office, request for cooperation with each investigation, and report on investigation (verification of victim treatment period);

1. Article 3 (1), the proviso of Article 3 (2) and Article 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. As to the violation of the Act on Special Cases concerning the Settlement of Alternative Traffic Accidents, imprisonment without prison labor and without prison labor for the violation of the Road Traffic Act shall be chosen;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. Probation and community service order under Article 62-2 of the Criminal Act;