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(영문) 의정부지방법원 2014.10.08 2014고단2238

교통사고처리특례법위반등

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A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for 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 the business of driving B cargo vehicles.

On May 23, 2014, at around 10:18, the Defendant: (a) driven a cargo vehicle without a driver’s license; (b) stopped from the two-lane roads front of the CJdlim B-dong Office B-dong Office of the CJ in order to load and unload cargo while driving the two-lane road in the direction of the CJdlim B-dong Office of the CJ in order to load and unload the cargo from the 88-lane in the Eunpyeong-ro, Eunpyeong-gu, Seoul.

In this case, the driver of the vehicle has a duty of care to carefully examine whether the vehicle is proceeding on the opposite road, and to make a safe internship at the point where the internship is permitted.

Nevertheless, the Defendant neglected this and got a bicycle front left side part of the victim C (the 58-year-old driver) driving, who passed the opposite road due to the negligence of a yellow-ray, leading to the center line of the yellow-ray, as is.

As a result, the Defendant suffered injury to the victim, such as inside the right bridges and bridges, which require approximately eight weeks of treatment due to such occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A traffic accident report;

1. On-site photographs;

1. Registers of driver's licenses;

1. Application of Acts and subordinate statutes of the Medical Certificate (C);

1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents by the Selection of Punishment, Article 268 of the Criminal Act, subparagraph 1 of Article 152 of the Road Traffic Act, and Articles 43 of the Road Traffic Act;

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

1. Article 62 (1) of the Criminal Act;

1. The grounds for sentencing under Article 62-2 of the Criminal Act: The sentencing guidelines shall apply from January to six years.