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(영문) 대구지방법원 포항지원 2018.05.31 2018고단147

교통사고처리특례법위반(치상)등

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A defendant shall be punished by imprisonment for not less than eight 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 violates the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) is a person who is engaged in the operation of the C Cost Star Engine.

On January 23, 2018, the Defendant driven the said van without obtaining a driver's license of a motor vehicle in light of 14:30 on January 23, 2018, and proceeded along the three-lane road in front of the Si-si apartment in the north-gu, 948, the two-lanes of the two-lanes from the north-gu, the north-gu, the two-lanes of the two-lanes.

In such cases, a driver of a motor vehicle has a duty of care to prevent accidents in advance by safely driving the motor vehicle, such as taking the front side and left side well, and accurately operating the steering and brakes.

Nevertheless, when the Defendant, without obtaining a driver's license, drives a motor vehicle as it is due to negligence while driving the motor vehicle as it is, the Defendant got off the victim D (W, 52 years old) driving K3 motor vehicle in the front direction of the defendant's driving, and received the part of the driver's driver's license in front of the driver's seat of the Defendant.

Ultimately, the Defendant suffered, by such occupational negligence, the injury to the victim D, such as salt, tensions, etc. of the chills that require approximately two weeks of treatment to the victim D, and the injury to the victim F (V, 52 years of age) who was boarding the said K3 car, such as chills, tensions, etc. requiring approximately two weeks of treatment, and the injury to the victim G (V, 55 years of age) such as chills, tensions, tensions, etc. requiring approximately two weeks of treatment.

2. The Defendant violated the Road Traffic Act (unlicensed Driving) driving on the road without obtaining a driver’s license at the time specified in the above paragraph (1) from the Defendant’s office located at P in the racing-si to the place specified in the above paragraph (1) at approximately 20 km from the Defendant’s office to the place specified in the above paragraph (1).

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. The actual survey report and the driver's license register of motor vehicles (A);

1. Application of Acts and subordinate statutes to each photograph and written diagnosis;

1. The injury caused by occupational negligence in the relevant legal provisions concerning the crime: Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents.