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(영문) 대전지방법원 홍성지원 2018.06.20 2018고단293

교통사고처리특례법위반(치상)등

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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

1. The Defendant is a person who is engaged in driving service of CK5 vehicles.

On April 14, 2018, the Defendant driven the above car at around 14:10, while driving the said car, the Defendant driven the 1 lane in front of the Chungcheongnam-nam Budget Zone along the luminous direction.

Since there was a road where the center line of yellow solid lines has been installed, there was a duty of care to ensure that a person engaged in driving service should thoroughly operate the center line within the center line by thoroughly implementing the center line and complying with the bus line.

Nevertheless, the Defendant got out of the back part of the Firing Motor Vehicle, which was driven by the victim E (25 years old), which was driven in the opposite direction of the collision by the negligence of the central line, as part of the back part of the Firing Motor Vehicle that was driven by the Defendant’s driver.

Ultimately, the Defendant caused injury to the victim due to the above occupational negligence, such as cerebral sye, which does not have two situations in need of open treatment for about 14 days.

2. The Defendant violated the Road Traffic Act (unlicensed Driving) driving a vehicle CK5 vehicle without obtaining a driver’s license from a section of about 15 km in a section of 15 km from the front of the public parking lot in the Hong-gun, Hong-gun, Hong-gun, Hong-gun, Hong-gun, Hong-gun, Seoul, to the front of the DD.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A traffic accident report, on-site inspection report, and on-site photographs;

1. The driver's license ledger (A);

1. Application of Acts and subordinate statutes (E);

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and the Selection of Punishment; Article 3 (2) 2 and 7 of the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents; Article 268 of the Criminal Act (the point of causing occupational negligence; the selection of imprisonment without prison labor); Articles 152 subparagraph 1 and 43 of the Road Traffic Act (the point of unlicensed driving; the choice of imprisonment without prison labor);

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 (see, e.g., Article 62(1)) of the suspended sentence (see, e.g., Supreme Court Decision 20