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(영문) 인천지방법원 2016.05.26 2016고단691

교통사고처리특례법위반등

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 of B Poter Cargo Vehicles.

On November 11, 2015, the Defendant driven the above cargo vehicle without obtaining a driver's license of a motor vehicle on November 11, 2015, and led the road of four lanes in front of Incheon Bupyeong-gu, Incheon, to the direction of the shooting distance of the Gusan at a speed that is impossible to identify by the two-lanes.

In such cases, there was a duty of care to make a person engaged in driving of a motor vehicle with a duty of care to safely drive the motor vehicle in accordance with traffic signals.

Nevertheless, when the defendant was negligent in driving without a driver's license and neglected to stop in front of the cargo vehicle of the defendant who was driven by the victim D(34 tax) who was driven by the victim D(34 tax), the defendant got into front of the cargo vehicle of the defendant who was driven by the defendant. Then, the above vehicle had the victim F(n, 48 years old) drive.

Ultimately, the Defendant suffered injury to the victim D, such as finite finites, which requires approximately three weeks of medical treatment from the above occupational negligence, and injury to the victim F, such as cinite finites, which require approximately two weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. A survey report on actual conditions;

1. Report on investigation;

1. The driver's license ledger;

1. Each and medical certificate;

1. Application of the Acts and subordinate statutes governing vehicle booms video recording CDs;

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 facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (the punishment provided for in the Act on Special Cases concerning the Settlement of Traffic Accidents against D, the crimes of which are more severe, shall be imposed);

1. The offense of violating the Act on Special Cases concerning the Settlement of Traffic Accidents at the option of punishment shall be an imprisonment without prison labor or a crime of violating the Road Traffic Act;