beta
(영문) 광주지방법원 2014.11.27 2014고단3936

교통사고처리특례법위반등

Text

A defendant shall be punished by imprisonment for four 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

1. On September 28, 2014, the Defendant violated the Act on Special Cases concerning the Settlement of Traffic Accidents: (a) was a person engaging in driving of a vehicle in BSP area; and (b) was driving the said vehicle without obtaining a driver’s license on September 18, 2014; and (c) was driving the said vehicle on a four-laner in front of the Non-PPPP area in the front of the GY area in the front door of the Mabbro-gu, Gwangju.

At the time, the Defendant’s front side, when the victim C(n, 38 years old) was driving, stops at a speed to ensure the signal atmosphere. In such a case, the Defendant, who is engaged in driving, has a duty of care to safely stop without a driver’s license, by properly viewing the front side of the vehicle and lowering the speed.

Nevertheless, the Defendant neglected to do so and took part of the right side of the damaged vehicle with the left side of the Defendant’s vehicle due to negligence, and suffered injury to the victim, such as climatic salt, which requires treatment for about two weeks.

2. On September 18, 2014, the Defendant violated the Road Traffic Act (unlicensed driving) driving the B SP car on the front of the Library without obtaining a driving license on September 18, 2014, and driving the B SP car on the front of the Library without obtaining a driving license.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. A traffic accident report (1) a survey report, a traffic accident vehicle and on-site photograph;

1. The Motor Vehicle Driver-A;

1. Application of the investigation report (the details of receipt of the medical certificate), diagnosis certificate, copy of medical record-C statutes;

1. Relevant legal provisions concerning criminal facts, Article 3 (1), the proviso to Article 3 (2) and Article 3 (7) of the Act on Special Cases concerning the Settlement of Traffic Accidents in the Selection of Punishment, Article 268 of the Criminal Act, Article 152 subparagraph 1 of the Road Traffic Act, and Articles 152 and 43 of the Road Traffic Act;

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

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

1. Probation, orders to provide community service and attend lectures, etc. under Article 62-2 of the Criminal Act, probation, etc.;