beta
(영문) 전주지방법원 정읍지원 2016.06.07 2016고단133

교통사고처리특례법위반등

Text

A defendant shall be punished by imprisonment for not more than ten 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 violated the Act on Special Cases Concerning the Settlement of Traffic Accidents is a person who is engaged in driving a vehicle with Patom.

On March 28, 2016, the Defendant driven the said vehicle without obtaining a driver's license of the said vehicle, and driven the road of one lane in the Do located in Da, Chang-gun, North Chang-gun, in the vicinity of the king, at a speed of about 40 km from the sking-do shooting distance to the sking-si Myeon, at the speed of about 40km.

At the time, the defendant was followed by the passenger E (the remaining and 68 years of age) driving in the same direction, and thus, the driver of the motor vehicle had a duty of care to thoroughly see the situation and to safely operate the steering gear by accurately operating the steering gear.

Nevertheless, the Defendant neglected to do so, and operated in an excessively close vicinity to the above chilling season, thereby normally straighting, and received the back part of the left side of the chilling season, which was in the normal course of driving by negligence, as the front part of the right-hand part of the above vehicle.

Ultimately, the Defendant suffered injury to the injured party, such as the injury to the injured party and the injury to the blood species, which was not caused by each side of the three weeks medical treatment.

2. Violation of the Road Traffic Act (Non-licenseless Driving) by the Defendant driving the vehicles listed in paragraph (1) within approximately 1 km section from 67 to 1 Myeon Myeon Do Do Do Do Do Do Do Do Do Do Do Do Do dong-gun, North Chang-gun, North Korea, at the same time as described in paragraph (1) of the same Article without obtaining a driver's license.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police to E (victim);

1. A survey report on actual conditions;

1. The driver's license ledger;

1. Medical certificate (38 pages of investigation records);

1. Application of the photographic Acts and subordinate statutes;

1. Article 3(1) and the proviso of Article 3(2)7 of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Act on Criminal Facts, Article 268 of the Criminal Act (the point of causing occupational negligence and the choice of imprisonment without prison labor), Article 152 of the Road Traffic Act.