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(영문) 창원지방법원 2014.04.25 2013고단1761

교통사고처리특례법위반등

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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[2013 Highest 1761] The Defendant is a person who is engaged in driving a rocketing car.

On May 7, 2013, at around 15:56, the Defendant moved 140.8 km in the south Sea Highway which is located in the Jimhae-si, Kimhae-si without obtaining a driver's license, and moved 140.8 km in the middle of 4-lanes, and continued to move 3-lanes.

In such cases, a person engaged in driving service has a duty of care to not obstruct the passage of other vehicles in normal driving on the lane in which he/she intends to change well the front left.

Nevertheless, the Defendant neglected this and did not discover the E-cargo that is driven by the victim D(64 years of age) who is driving in a three-lane, and received the part of the left-hand part of the said cargo vehicle with the right-hand part of the said cargo vehicle due to the negligence of changing the lane as is.

Ultimately, the Defendant suffered injury to the victim by occupational negligence, which requires approximately two weeks of medical treatment.

[2014 Highest 330] On January 3, 2014, the Defendant driven a car from approximately 40 km to the front road of the Kapoa Center located in the Tongpo-dong without a driver’s license on January 3, 2014, to the front road of the Kapoa Center located in the Dongpo-dong without a driver’s license on January 3, 2014.

Summary of Evidence

[2013 Highest 1761]

1. Court statements and the fifth trial records;

1. The evidence list Nos. 1 to 9, and 13 [2014 order 330];

1. Defendant's legal statement;

1. Application of the law No. 1 to 3 of the evidence list submitted by the prosecutor

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. Selection of each sentence of imprisonment;

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 of the suspended execution is as follows.