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(영문) 대구지방법원 상주지원 2016.12.20 2016고단462

교통사고처리특례법위반등

Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

[Criminal Power] The Defendant was sentenced to one year of a suspended sentence for four months as of July 13, 2016 in the Daegu District Court's resident support for the crime of violation of the Road Traffic Act (unlicensed Driving). The judgment becomes final and conclusive on July 13, 2016, and is currently under suspended sentence.

【Criminal Facts】

1. The Defendant in violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents is a person who is engaged in the driving of a freight truck with D seal.

On September 14, 2016, the Defendant driven the above cargo without obtaining a driver's license on September 15:22, 2016, parked the above vehicle on the two-lane road in front of the Agricultural Cooperative Co., Ltd. located in the Gyeong-dong, a man living in the Gyeong-dong, and opened a door to the driver's seat.

In this case, the driver had a duty of care to prevent accidents by opening the door of the vehicle in a safe state while living well in the front, left, and rear.

Nevertheless, the defendant neglected this and did not live well without obtaining a driver's license, and caused the part of the vehicle to conflict with the driver's seat of the defendant's vehicle by negligence with the victim E (V, 48 years old) who is proceeding from the rear side of the defendant's vehicle behind the mast, through left side of the mast.

Accordingly, the Defendant suffered injury, such as cage cages, etc., which require approximately four weeks of medical treatment from the above occupational negligence.

2. The Defendant violated the Road Traffic Act (unlicensed Driving) driving the freight vehicles described in the above paragraph (1) from the front side of the Sungdong-ro road located in Seogdong-dong, at the time of temporary bordering as stated in the above paragraph (1) to the front side of the Agricultural Cooperative Co., Ltd. as stated in the above paragraph (1) without obtaining a driver’s license.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. The occurrence report, actual survey report, diagnosis certificate, and the register of driver's licenses for motor vehicles;