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(영문) 서울중앙지방법원 2017.07.12 2017고단3431

교통사고처리특례법위반(치상)등

Text

A defendant shall be punished by imprisonment for six 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. The defendant is a person who is engaged in driving service of B Poter cargo vehicles.

On May 11, 2017, the Defendant driven the above cargo vehicle at around 14:20, and went to the left at the direction of the intersection of the Gu office located in the 340-ro 340-ro, Gangnam-gu, Seoul, the Defendant, who is engaged in driving of a motor vehicle, has a duty of care to safely turn to the right and the right and the right of the motor vehicle, and to safely turn to the left along the leading line. However, without a driver’s license, the Defendant neglected to turn to the inside and outside of the leading line without the driver’s license, while neglecting to turn to the right and the right and the right of the motor vehicle, and received the full part of the part of the victim C’s D's D's D', which was in the traffic waiting at the right and right side of the cargo vehicle of the Defendant.

Defendant 1 suffered approximately six weeks of the Korean left-hand side 4 middle-water executive members in need of approximately six weeks of medical treatment due to such occupational negligence.

2. Around 14:20 on May 11, 2017, the Defendant driven a 1km section from the 39-lane, Gangnam-gu, Seoul, to the intersection of the Gu office located at the 340-ro, Gangnam-gu, Gangnam-gu, Seoul, without a driver’s license.

Summary of Evidence

1. Statement by the defendant in court;

1. The actual investigation report on traffic accidents;

1. A written statement on the occurrence of each traffic accident;

1. Medical certificate (No. 15 No. 5);

1. Application of Acts and subordinate statutes to the driving license ledger;

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

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 38 (2), and 50 of the said Act for the increase of concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act [the scope of recommended punishment] of the Social Services and Criminal Act shall be the type of general traffic accident.