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(영문) 춘천지방법원 원주지원 2014.06.10 2014고단205

교통사고처리특례법위반

Text

Defendant shall be punished by imprisonment without prison labor for six 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

The Defendant is a person who is engaged in driving a rocketing car.

On January 16, 2009, the Defendant driven the said car without obtaining a driver's license of the said car, and led to the passage of the road front of the Round-ri, which is located in the Round-ri at the time of the original week, from the right side to the door-proof side.

Since it was difficult to melt the length of snow, a person engaged in driving service has a duty of care to live well the boom, and to accurately operate the steering and brake system.

Nevertheless, the Defendant neglected this and operated the said car, which caused the said car to be turned off from the above ice iceway, and the day on which the car was installed on the side facing the central line, was the front part of the car.

The Defendant suffered injury to the victim D (the age of 19) who was on board the said car due to the above occupational negligence, such as cerebral finite in which there was no head open room for treatment for about two weeks.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement of the second protocol of interrogation of the prosecution against the defendant in the second protocol of interrogation of the defendant (a statement that only three persons including the defendant, the defendant's wife E, the defendant's son D, etc. on the passenger car as indicated on the date of the accident in this case; a receipt of accident to the insurance company immediately after the accident in this case was received, and a statement that the defendant's receipt of accident was true, etc.)

1. Recording (No. 33 of the evidence list; and the content, etc. to answer questions asked by the counselor of an insurance company that "vehicle driving is frighten of any minute";

1. The results of the CD reproduction by this Court;

1. Details of payment of insurance proceeds and investigation report (the call of a person in charge of third-party fire fighting);

1. Application of Acts and subordinate statutes to the ledger and certificate of driver's license;

1. Article 3(1) and the proviso of Article 3(2) and (7) of the Act on Special Cases concerning the Settlement of Traffic Accidents, concerning criminal facts, and the Criminal Act;