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(영문) 울산지방법원 2016.11.14 2016고단3613

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 two years from the date of the final judgment.

Reasons

Punishment of the crime

1. On September 20, 2016, the Defendant violated the Road Traffic Act (unlicensed driving) driving the CNAS car at the section of approximately 8km from the Ulsan-gu Postal Line apartment to the entrance of the above line apartment through the Ulsan-gu New-dong, Ulsan-gu, Ulsan-gu, Seoul-do, without obtaining a driver’s license on September 12, 2016.

2. The Defendant in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents is a person engaging in driving a CNS car.

On September 20, 2016, the Defendant driven the above car on September 20, 2016, and led to the left-hand turn from the right-hand side to the right-hand side of the light apartment.

Despite the fact that a person engaged in driving of a motor vehicle has a duty of care to prevent traffic accidents by thoroughly operating the steering and steering gear of the motor vehicle, the defendant's negligence without obtaining a driver's license due to the driver's negligence, which caused the victim D, who was placed at the port from the right side of the running direction of the motor vehicle to the front part of the motor vehicle.

Ultimately, the Defendant suffered injury to the victim, such as the dives dyssis of non-felin, which requires medical treatment for about 14 weeks due to such occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements prepared in D;

1. The actual condition survey report;

1. Registers of driver's licenses;

1. Application of Acts and subordinate statutes (number 17);

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents concerning Criminal Facts, Article 268 of the Criminal Act, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act;

1. Determination of imprisonment without prison labor for a violation of the Act on Special Cases concerning the Settlement of Traffic Accidents, on which a sentence is selected, and imprisonment for a violation of the said 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. Although Article 62(1) of the Criminal Code of the Republic of Korea is serious, it is the same kind of damage;