beta
(영문) 서울중앙지방법원 2017.02.15 2016고단8738

교통사고처리특례법위반(치상)등

Text

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

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The Defendant is a person who is engaged in driving service of a vehicle G Mamba in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents.

On September 6, 2016, the defendant, without obtaining a driver's license of a motor vehicle on September 15:20, 2016, came to turn to the left at the tension of the front distance of Gangnam-gu Seoul Metropolitan City L from the pressure-gu modern apartment 75-dong to the tension of pressure-gu.

At the same time, there is a three-distance intersection without the left turn signal, so the driver of the vehicle has a duty of care to enter the intersection so that it does not interfere with the proceeding of the vehicle in modern commercial building in accordance with the straight line from the direction of pressure.

Nevertheless, the Defendant neglected to turn to the left as it was, and caused the Defendant to shock the front part of the Defendant’s vehicle with the front part of the Defendant’s Hah, Hah, Hah, 37 years old driving in accordance with the straight line from the direction of the pressure frame to the modern commercial building.

As a result, the Defendant suffered injury to the victim, such as 2 weeks’ feet, which requires approximately two weeks’ medical treatment due to occupational negligence as above.

2. The Defendant violated the Road Traffic Act (unlicensed driving) set forth in paragraph 1, at the same time, driven G Maz vehicle at approximately KRW 500 meters from the front of the 79 Dong-dong Hyundai Apartment-dong, Gangnam-gu, Seoul to the front of the 75-dong apartment complex.

Summary of Evidence

1. Statement by the defendant in court;

1. A H statement;

1. A survey report on actual conditions;

1. The driver's license ledger;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Relevant Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, Article 268 of the Criminal Act (the occupation and loss of duties, the choice of imprisonment without prison labor), subparagraph 1 of Article 152 of the Road Traffic Act, and Article 43 of the Road Traffic Act (the occupation of unauthorized driving, the selection of imprisonment with prison labor) concerning criminal facts;

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

1. Article 62(1) of the Criminal Act on the suspension of execution (Article 62(1) of the Criminal Act on the degree of damage caused by the instant crime is significant.