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(영문) 전주지방법원 남원지원 2018.09.11 2018고단143

교통사고처리특례법위반(치상)등

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A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On May 30, 2018, the Defendant: (a) driven a vehicle B with the highest typoids without obtaining a driver’s license on the front of the 89-4-dong-dong-dong-dong-dong-dong-dong, Chungcheongnam-gun, Northern-gun, Northern-gun, North Korea on May 13:30, 2018.

2. The Defendant is a person engaging in driving service of B low-priced other vehicles.

On May 30, 2018, the Defendant, around 13:30, passed along the roads in front of the 89-4 Dong-dong, Dong-dong, Dong-dong, Dong-dong, Dong-dong, Dong-dong, Dong-dong, Dong-dong, Dong-dong, Dong-dong, in the direction of Dong-ri to Dong-dong village.

Since the place has a center line of yellow solid lines, there was a duty of care for those engaged in driving of motor vehicles to live well before and safely drive motor vehicles.

Nevertheless, the Defendant neglected this and went to the left part of the D D D dump truck which was driven by the victim C (58 tax) who was driven by the central line due to the negligence of the Defendant, while driving without a license, was faced with the front part of the left part of the Defendant’s vehicle.

Ultimately, the Defendant suffered, by such occupational negligence, brain-dead, etc. without any wound in two opens for about two weeks from the victim C, and the victim E (V, 86 years of age) who was accompanied by the Defendant’s vehicle with approximately four weeks of medical treatment, respectively.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. Each written diagnosis;

1. The driver's license ledger;

1. A survey report on actual conditions;

1. Application of statutes on site photographs;

1. Subparagraph 1 of Article 152 of the Road Traffic Act and Article 43 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act concerning criminal facts;

1. Articles 40 and 50 of the Criminal Code of the Commercial Concurrent Crimes (Article 40 and 50 of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) are between the crimes, and the victim E with heavier criminal penalty.