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(영문) 대전지방법원 2018.11.23 2018고단2662

교통사고처리특례법위반(치상)등

Text

A defendant shall be punished by imprisonment for six 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

The defendant is a person who is engaged in driving a car at D.

On July 10, 2018, the Defendant, without obtaining a driver’s license on the said vehicle, driven the said vehicle, and driven the road without driving the said vehicle in front of the Park Jung-gu Daejeon-gu, Daejeon-gu, with a speed of about 20 to 30km from the side of the department store of NC to the direction of lifelong learning center.

The front door of the place was an intersection without signal apparatus, and the passage of people in the densely-populated commercial areas was frequent.

In such cases, a driver of a motor vehicle has a duty of care to check and proceed with the temporary suspension prior to entry into the intersection or by doing so so and to prevent accidents in advance.

Nevertheless, the defendant neglected this and got the victim to go beyond the road by taking the front side of the bicycle left side of the victim E (the 27 years old), who was riding a bicycle on the left side from the running direction of the passenger car by negligence of the defendant's driver's vehicle.

Ultimately, the Defendant suffered injury, such as salt pans and tensions in other parts of elbows requiring approximately two weeks of treatment by occupational negligence as above.

Summary of Evidence

1. Statement by the defendant in court;

1. The application of the traffic accident report, the driver's license ledger, and the medical certificate to statutes;

1. Article 3(1) and the proviso to Article 3(2)7 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 152 Subparag. 1, and Article 43 of the Road Traffic Act concerning criminal facts, and the choice of imprisonment, respectively;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The Defendant’s age, sex, environment, motive, means and consequence of the commission of the crime on the grounds of sentencing under Article 62-2 of the Social Service Order and Article 62 of the Criminal Act.