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(영문) 서울남부지방법원 2014.02.06 2013고단4374

교통사고처리특례법위반등

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving a vehicle of the driver B.

At around 15:30 on November 16, 2013, the Defendant driven the above cargo vehicle without a driver's license to move and park the cargo vehicle that was installed on India to another place, leading the front of the Geumcheon Culture Center located in Geumcheon-dong, Geumcheon-gu, Seoul, Geumcheon-gu, in order to drive the vehicle at a speed from the long distance of bank trees to the long distance of the Gu telephone station.

It is a place where pedestrians' passage frequently takes place. In such a case, there was a duty of care to safely drive a motor vehicle after thoroughly checking whether a person engaged in driving the motor vehicle has a pedestrian who is going through a place by reducing the speed and taking a well-being of course.

Nevertheless, the Defendant neglected to do so and found the victim C (the 70 years of age) who was protruding to India within the Macheon Culture Center, which was in the front of the course of the Defendant, and had been faced with the victim's bridge, etc. at the right part of the vehicle driving the Defendant's driver's freight, and sustained the victim's injury, such as the lapsing down of the original laps, which requires approximately seven weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. A traffic accident report;

1. Registers of driver's licenses;

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

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

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2 and (2), and Article 50 of the Criminal Act;

1. Suspension of execution under Article 62(1) of the Criminal Act (i.e., the full agreement with the victim and the fact that there is no record of punishment exceeding the fine).