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(영문) 대구지방법원 2015.06.04 2015고단447

교통사고처리특례법위반등

Text

A defendant shall be punished by imprisonment for not less than eight 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

On November 26, 2014, at around 10:50, the Defendant driving a car by driving the car without obtaining a driver's license on November 26, 2014, led directly to the first line road according to the lived road from the luriness Center to the intersection without the front signal, etc. in Daegu Northern-gu D.

In such cases, since a person engaged in driving service has an intersection without a signal, he/she has a duty of care to safely proceed with the intersection by reducing the speed or temporarily stopping at the right and right side of the intersection, such as checking whether there is a vehicle entering the intersection.

Nevertheless, the Defendant was negligent in the course of business, while neglecting the duty of west and right and right and wrong prior to the entry into the intersection, and led the victim FF(30 years of age) who runs along the first line the second line of the road in the direction of the border road, the left-hand side of the intersection, from the large market street protection area, to the right-hand side of the intersection, to drive the second line in the front part of the GX500A two-wheeled Road, which is driven by the victim FF(30 years of age). In the front part of the GX50A two-wheeled Road, the Defendant stopped the first line of the vehicle and caused the victim H(W, 52 years of age) who entered the intersection to stop the first part of the vehicle.

The Defendant suffered from the injury to the victim F, such as the left-hand alley, which requires approximately 14 weeks of medical treatment, and the injury to the victim H, such as a scarke, which requires approximately 2 weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to H and F;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. A copy of each written diagnosis;

1. The application of Acts and subordinate statutes concerning the disposition of license suspension, such as making inquiries into the license ledger, making inquiries, etc.;

1. Article 3 (1), the proviso of Article 3 (2) and Article 7 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act concerning facts constituting an offense;

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

1. Selection of a penalty: