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(영문) 인천지방법원 2018.09.05 2018고단5071

교통사고처리특례법위반(치상)등

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

However, the execution of the above sentence shall be suspended for a period of one year 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 a motor vehicle with a hurburged vehicle in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents.

On June 20, 2018, the Defendant driven the above car on June 14:40, 2018 without a driver's license, and proceeded along four-lanes from the remote distance along which the entrance of the gold apartment in the Yeonsu-gu Incheon Metropolitan City, Yeonsu-gu, Incheon, the Defendant, as the office of Yeonsu-gu.

Since there is a crosswalk in which a signal, etc. is installed, it was confirmed whether a person engaged in driving of a motor vehicle has the duty of care to reduce the speed and to see well the right and the right and the right of the motor vehicle, and to safely drive the motor vehicle in accordance with the traffic signals and prevent the accident in advance.

Nevertheless, even though the Defendant neglected this and the signal was changed to the stop signal of the vehicle, the Defendant got the victim D (51) who was going to the right side from the front side of the vehicle of the Defendant and got the victim to go beyond the ground.

Ultimately, the Defendant suffered injury on the part of L1, which requires approximately 12 weeks of medical treatment, to the victim due to the above occupational negligence.

2. The Defendant violated the Road Traffic Act (unlicensed Driving) was driving the said car without obtaining a driver’s license from the date and time set forth in paragraph 1 at the place, from the front of the Cheongdong apartment of Yeonsu-gu Incheon Metropolitan City, Incheon, to the front of the apartment site of the same Gu, as the 124m section from the front of the accident scene to the front of the apartment site of the same Gu.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Written statements of D;

1. A traffic accident report;

1. Each photograph;

1. The driver's license ledger;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Special Cases concerning the Selection of Punishment, Article 3(2)1 and 7 of the Act on Special Cases concerning the Settlement of Traffic Accidents, and the Criminal Act.