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(영문) 부산지방법원 2018.05.30 2018고단1645

교통사고처리특례법위반(치상)등

Text

A defendant shall be punished by imprisonment for six 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 is a person who is engaged in driving a vehicle with CF leths.

On December 19, 2017, around 01:40 on December 19, 2017, the Defendant made the left turn turn to the left two-lanes from the southwest of the E Park in Busan-gu, Busan-do, to the Gu office of the Busan-do.

At night and at the same time, G-si operated by the Victim F (41) was left left left at night, so there was a duty of care to change the vehicle line so that the driver of the vehicle does not interfere with the course of the vehicle in operation on the next lane when intending to change the course of the vehicle, and to prevent the accident in advance by checking well the right and the right of the front side.

Nevertheless, the Defendant neglected this and was negligent in changing the course to a single-lane without obtaining a driver's license, and thereby received the part of the victim's driver's license to the back side of the passenger's car left.

As a result, the Defendant committed an occupational negligence on the part of the above victim, which requires approximately two weeks of treatment.

2. Violation of the Road Traffic Act (Non-licensed Driving) driving of C-F cargo vehicle without obtaining a driver’s license from around about 500 meters from the front of the Busan-gu Busan-gu H to the front of the E-W road located in the same Gu, around the day set forth in paragraph (1).

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident statement of the F;

1. A survey report on actual traffic accidents (1) (2);

1. A medical certificate;

1. Application of Acts and subordinate statutes to the ledger of driver's licenses;

1. Relevant Article 3 (1) and the proviso to Article 3 (2) 7 of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, Article 268 of the Criminal Act (the occupation of causing a traffic accident, the choice of imprisonment without prison labor), subparagraph 1 of Article 152 of the Road Traffic Act, and Article 43 of the Road Traffic Act (the occupation of unauthorized Driving, the choice of imprisonment without prison labor);

1. The former part of Article 37 of the Criminal Act, Article 38(1)2 and Article 38(2), and Article 50 of the Criminal Act for the aggravation of concurrent crimes.