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(영문) 제주지방법원 2015.09.03 2015고단763

교통사고처리특례법위반등

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On June 19, 2013, the Defendant was sentenced to six months of imprisonment by violating the Road Traffic Act (unlicensed Operation) at the Jeju District Court on June 19, 2013, and completed the enforcement of the sentence in the Jeju Prison on December 16, 2013.

At around 11:30 on June 8, 2015, the Defendant driven the 17 Jeju Museum, a first four distance in front of the 17 Jeju Museum, which was a day from June 8, 2015, and led the Defendant to drive the said van from the port high school side without a driver’s license.

Since there is a traffic signal device installed, there was a duty of care to observe the signal and accurately operate the steering and steering system by checking well the front door, and to safely drive according to the flow of surrounding traffic.

Nevertheless, by occupational negligence, the Defendant neglected to talk with the victim D who was on board the front line while trying to talk with the victim D, and did not see the victim E(53 years old) driving in front of the Defendant’s running direction, and did not see the victim E(53 years old), and received the back part of the said stringr car with the front part of the said stringr, and suffered from the victim D with approximately two weeks inside the right side of the said stringr, and suffered from the victim E with the string of the stringr in need of approximately two weeks medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. A survey report on actual conditions and a field map;

1. The license ledger and the next registered inquiry;

1. Each written diagnosis of E and D;

1. Photographs of the accident vehicle and on-site photographs;

1. Previous convictions indicated in judgment: Criminal history records, probationary records, previous records of disposition, results of confirmation, application of Acts and subordinate statutes to each individual, and current status of confinement;

1. Article 152 subparagraph 1 of Article 152 of the Road Traffic Act, Article 43 of the Act on Special Cases concerning the Settlement of Traffic Accidents, and Article 3 (1) of the Criminal Act, Article 268 of the Criminal Act, which applies mutatis mutandis to the relevant criminal facts, the choice of punishment, and the choice of imprisonment without prison labor;

1. Article 35 of the Criminal Act among repeated crimes;

1. Of concurrent crimes, the former part of Article 37 and Article 38(1)2 and (2) of the Criminal Act are applicable.