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(영문) 청주지방법원 2019.05.30 2019고단552

교통사고처리특례법위반(치상)등

Text

Defendant shall be punished by imprisonment without prison labor for not less than four months and by a fine not exceeding 300,000 won.

If the defendant does not pay the above fine, 100.

Reasons

Punishment of the crime

The defendant is a person who is engaged in the operation of Oralba, B.

On January 7, 2019, at around 20:25, the Defendant had the front of the petition zone C while driving the front of the motor vehicle without obtaining a motorcycle driver's license.

Since the location is a place where a signal, etc. is installed and operated normally, there was a duty of care for the person engaged in driving service to operate safely in accordance with the new code.

Nevertheless, the Defendant suffered the injury of salt and tension in the part of the right-hand salk part, which requires approximately 2 weeks of treatment to the victim D (the age of 64) and the victim E (the age of 62) by the negligence that was going directly to the pedestrian signal, and the Defendant suffered the injury of salt and tension in the part of the right-hand salk that is in need of treatment for about 14 weeks to the victim E, respectively.

Summary of Evidence

1. Defendant's legal statement;

1. Each written statement of D and E;

1. The actual condition survey report;

1. Each written diagnosis;

1. Registers of driver's licenses;

1. Application of Acts and subordinate statutes to a CCTV screen to the same extent;

1. Article 3 (1), the proviso to Article 3 (2) 1 and 7 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, subparagraph 2 of Article 154 and Article 43 of the Road Traffic Act concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the ordinary concurrent crimes (the punishment prescribed for a crime against victims E which is heavier than the latter, among the crimes of violation of the Act on Special Cases concerning the Handling of Traffic Accidents)

1. Selection of a fine, respectively, for the crime of violation of the Act on Special Cases concerning the Settlement of Traffic Accidents by Selection of Sentence, shall be sentenced to imprisonment without prison labor or a violation of the Road Traffic Act;

1. Of concurrent crimes, the former part of Article 37 and Article 38 (1) 3 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. As to the suspended sentence, Article 62 of the Criminal Act recognizes the crime of sentencing on the grounds of sentencing, and the victims are against the defendant.