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(영문) 제주지방법원 2019.05.31 2018고단1453

교통사고처리특례법위반(치상)등

Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

1. Around 11:55 on June 2, 2018, the Defendant driving a F Poter II truck without obtaining a driver’s license in a section of about 3 km from the road near C in Jeju City to E in the same city.

2. Violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) is a person engaged in driving Fpoter II cargo vehicles.

On June 2, 2018, the Defendant driven the above cargo without obtaining a driver's license on June 11, 2018, and driven the road of three lanes in front of the E, which is located in Jeju City, from the direction of the port of entrance to the coast intersection.

In this case, the driver of the vehicle has a duty of care to prevent accidents in advance by safely driving the steering gear, such as thorough operation of the steering gear and operation of the steering gear in a manner that the driver of the vehicle has a duty of care to prevent accidents in advance.

Nevertheless, the Defendant neglected to do so and neglected to take a speed system other than a brake, and received the front part of the vehicle in front of the above cargo vehicle operated by the Defendant, etc., following the vehicle in front of the above vehicle.

Ultimately, the Defendant suffered injury to the victim, such as salt ties, tensions, etc. in need of approximately two weeks of treatment by occupational negligence as above.

Summary of Evidence

1. Defendant's legal statement;

1. G traffic accident-related written statements;

1. Application of Acts and subordinate statutes to an accident site photograph, traffic accident report, the ledger of driver's license, and diagnostic certificate photographic Acts and subordinate statutes;

1. Relevant legal provisions concerning criminal facts, Article 3 (1), the proviso to Article 3 (2) and Article 3 (7) of the Act on Special Cases concerning the Settlement of Traffic Accidents in the Selection of Punishment, Article 268 of the Criminal Act, Article 152 subparagraph 1 of the Road Traffic Act, and Articles 152 and 43 of the Road Traffic Act;

1. The former part of Article 37 of the Criminal Code and Article 38 of the Criminal Code among concurrent crimes.