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(영문) 대전지방법원 2020.11.19 2020고단2922

교통사고처리특례법위반(치상)등

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A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

1. Around 09:00 on June 29, 2020, the Defendant driving a e-mail vehicle without obtaining a driver’s license in a section of about 20 meters from the front of the Daejeon Jung-gu parking lot B to the front of the D located in the same Gu C.

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

On June 29, 2020, the Defendant driven the above vehicle at around 09:00, and made the front side of the D cafeteria located in Daejeon Jung-gu to turn to the left at an insular speed from the side of the parking lot B to the margin.

Since there is no signal signal light, a person engaged in driving of a motor vehicle has a duty of care to prevent accidents by properly manipulating the steering and steering system and accurately.

Nevertheless, the Defendant neglected this and neglected to obtain a driver's license and neglected to turn to the left immediately on the right side of the right side of the victim FF (FF, South, 29 years old)'s G QM6 car driving on the left side of the right side without obtaining a driver's license, and received the pent part on the left side of the Defendant's vehicle.

Ultimately, the Defendant suffered injury to the victim, such as salt, tension, etc., which requires approximately three weeks of medical treatment by occupational negligence as above.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the investigation report on actual condition (victim F telephone conversations), the register of driver's licenses, additional medical certificate, and Acts and subordinate statutes on the scene of accident;

1. Under Article 3(1) of the relevant Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, subparagraph 1 of Article 152 and Article 43 of the Criminal Act, imprisonment without prison labor for the crime of violation of the Act on Special Cases concerning the Selection of Traffic Accidents, and Selection of Imprisonment for the crime of violation of the Road Traffic Act

1. Of concurrent crimes, the former part of Article 37 and Article 38(1) of the Criminal Act are applicable;