beta
(영문) 광주지방법원 순천지원 2018.11.29 2018고단2028

교통사고처리특례법위반(치상)등

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. The Defendant is a person who is engaged in driving a passenger car B low-priced car.

On July 8, 2018, the Defendant driven the said car without a driver's license on July 10, 2018, and continued to drive the said car on the one-lane road in front of the net City C, toward the direction of the falling side from the side of the net City.

In this case, a person engaged in driving of a motor vehicle has a duty of care to safely proceed along the right side of the central line by emphasizing the front side and accurately manipulating the steering gear.

Nevertheless, the Defendant neglected to do so and led the victim D (65 ) who was driving on the left side of the E-Poter Cargo which was driven by the Defendant due to the negligence committed by the central line, and led to the Defendant’s full-hand side of the car.

As a result, the Defendant suffered damages to the victim due to the above occupational negligence during approximately six weeks of medical treatment.

2. The Defendant violated the Road Traffic Act (Non-licensed driving) driving of the said vehicle from the G convenience store near the G convenience store located in the city F at the time of the above day to the above accident site around approximately 12 km without a driver’s license.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. The driver's license ledger;

1. A traffic accident report, a survey report, and an accident scene photograph;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Relevant Article of the Act on Special Cases Concerning the Settlement of Traffic Accidents, Article 152 subparag. 1 and Article 43 of the Road Traffic Act (Unlicensed Driving, Selection of Imprisonment), Article 3(1) and the proviso to Article 3(2) and Articles 3(2)2 and 7 of the Act on Special Cases Concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act (Appointment of imprisonment without prison labor) concerning the facts constituting an offense;

1. The reason for sentencing Article 37 (former part), Article 38 (1) 2 and Article 38 (2) and Article 50 of the Criminal Code for the aggravated concurrent crimes is that the defendant repents his mistake and reflects his mistake.