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(영문) 광주지방법원 순천지원 2017.10.12 2017고단554

교통사고처리특례법위반(치상)등

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A defendant shall be punished by imprisonment for seven 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

The Defendant is a person who is engaged in driving vehicles C.

On January 25, 2017, the Defendant driven the above vehicle without a driver's license of a motor vehicle on January 17:00, and changed the lane into one lane while driving along the two-lane road of 15.2 km away from the 15.2km away from the south Highway.

At the same time, the victim's E-rayed vehicle was in progress at the rear side of the first lane, so there was a duty of care to change the lane safely by taking into account the traffic situation before and after the driving of the motor vehicle.

Nevertheless, the defendant neglected this and caused the victim who intends to avoid it by changing the lane into one lane on his own by negligence, to return the driving zone to the left-hand side, in turn, and again received the back portion on the left-hand side of the vehicle in front of the vehicle in question.

As a result, the Defendant caused the victim’s occupational negligence to suffer approximately 2 weeks of bones eggs, etc., which requires approximately 12 weeks of treatment, from the victim F, the victim F, who was f, about 12 weeks of treatment, and at the same time destroyed and damaged the diver vehicle which is equivalent to KRW 12,90,000 of the market price so that it can be scrapped.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. On-site evidence photographs and evidence photographs;

1. Each written diagnosis;

1. Application of the written estimate for vehicles;

1. Article 3(1) and the proviso to Article 3(2)7 of the Act on Special Cases concerning the Settlement of Traffic Accidents under the relevant Act concerning criminal facts; Article 268 of the Criminal Act; Article 152 Subparag. 1 and 43 of the Road Traffic Act; Article 151 of the Road Traffic Act concerning traffic accidents;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selective imprisonment without prison labor or imprisonment without prison labor;

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. The grounds for sentencing under Article 62-2 of the Criminal Act for the observation of protection and order to attend lectures shall be the scale of traffic accidents.