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(영문) 광주지방법원 목포지원 2019.10.18 2019고단334

교통사고처리특례법위반(치상)등

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[Criminal Power] On June 1, 2018, the Defendant was sentenced to six months of imprisonment for violation of the Road Traffic Act (unlicensed Driving) in the Gwangju District Court’s Magpoon branch on June 1, 2018, and completed the execution of the sentence in the Wood Prison on November 29, 2018.

【Criminal Facts】

1. The defendant is in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury).

On March 9, 2019, the Defendant driven the said vehicle without a driver’s license on March 08:5, 2019, and moved to the right bypassing from the side of the school to the welfare center at an insular speed.

At the time, the electric wheelchairs, on which the victim D (n, age 81) was aboard, are underway, and in such a case, there was a duty of care to prevent accidents and drive safely by accurately manipulating the steering and steering gear while living well on the part of the person engaged in driving service.

Nevertheless, the defendant did not discover the front wheelchairs of the victim due to negligence that he did not live well in the vicinity of the vehicle and did not discover the front wheelchairs of the victim, and shocked the left side part of the above wheelchairs to the right side of the vehicle of the defendant.

Ultimately, the Defendant suffered injury to the victim on the left-hand elbow blue blue in need of approximately two weeks of treatment due to such occupational negligence.

2. Violation of the Road Traffic Act (unlicensed Driving) was driven by the Defendant without a driver’s license at a section of about 45 km from the front to the front of the road at the time of temporary border, such as paragraph (1) of this Article.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement and a medical certificate related to a traffic accident;

1. The actual condition survey report, report on the occurrence of a traffic accident, and photograph of the accident site;

1. Registers of driver's licenses, disqualified meetings of the main office and current status of registration of disqualified persons;

1. Previouss before ruling: Criminal records and other inquiries, and investigation reports (verification of the same type of suspect and repeated facts);