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(영문) 서울북부지방법원 2017.03.15 2016고단5267

교통사고처리특례법위반(치상)등

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Defendant shall be punished by imprisonment without prison labor for up to six months and a fine of up to 300,000 won.

However, the imprisonment without prison labor for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The Defendant is a person who is engaged in driving a CCA110 Oba in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents and Road Traffic Act.

On July 2, 2016, the Defendant, without a driver’s license on July 2, 2016, proceeded with the intersection of the private distance of urban railroad construction works in 353, as Dongdaemun-gu Seoul, Dongdaemun-gu, to the parallel of the private distance of urban railroad construction works from the shill of the paddy-gu.

Since there is a long distance intersection with a signal apparatus, the defendant engaged in driving a motor vehicle has a duty of care to safely proceed in accordance with the signals by checking well the right and the right of the front and right of the motor vehicle.

Nevertheless, due to the negligence of neglecting this, the Defendant got off the front part of the victim D(59) driving the said cross-section from the right side of the Defendant’s proceeding to the left side of the said cross-section, and received the front part of the victim D(59) taxi driving.

As a result, the Defendant suffered injury to the victim D, such as tension tensions, which requires approximately 2 weeks of medical treatment, injury to the victim F, who is the passenger of the above taxi, such as finites, which requires approximately 2 weeks of medical treatment, and injury to the victim G, who is the passenger of the above finites, such as finites, which require approximately 8 weeks of medical treatment, and at the same time, damaged the above finites to approximately 154,959 won of repair cost.

2. The Defendant violated the Road Traffic Act (unlicensed Driving) was driving a CCA 110 Orba on the front side of the Dongdaemun-gu Seoul Metropolitan City Police Station 21-gil 29, Dongdaemun-gu, Dongdaemun-gu, Seoul, with no driver’s license from approximately 3.1km to the urban railroad construction distance intersection located in 353, as Seoul Dongdaemun-gu, Dongdaemun-gu.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. A statement of the occurrence of a traffic accident of D or F;

1. The actual investigation report on traffic accidents;

1. Each medical certificate and each certificate of the release from admission;

1. The application of the Act and subordinate statutes to the investigation report (a statement superior to the written estimate).