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(영문) 전주지방법원 군산지원 2019.09.25 2019고단776

교통사고처리특례법위반(치상)등

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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 driving of B Poter cargo vehicles.

1. If the Defendant violated the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) drive the above cargo vehicle without obtaining a driver's license on May 23, 2019 and drive it on or around the intersection in the west-Eup in the followingsan City, he/she is driving in two-lanes of the two-lanes of the two-lanes from the surface of the water at the intersection.

The tea has changed to one lane.

In such cases, the driver of a motor vehicle has a duty of care to prevent accidents by accurately manipulating the steering gear and operating the steering gear after checking whether there is a vehicle in the vehicle line that intends to change the vehicle line before changing the vehicle line.

Nevertheless, the Defendant neglected this and caused injury to the victim, such as light salt, which requires medical treatment for about two weeks due to occupational negligence, by shocking the front part of the right side of the cargo vehicle to the left side of the Defendant, as Dart of the victim C (the 67-year-old driver) who was proceeding one lane due to the negligence of changing the vehicle line as is.

2. Around 15:50 on May 23, 2019, the Defendant driven the above cargo vehicle at approximately 18km from the 18km Em-si parking lot to the road near the sub-section of the west-Eup without obtaining a driver’s license for a motor vehicle.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. The application of Acts and subordinate statutes, such as a report on the occurrence of a traffic accident, a survey report on actual condition, an accident site photograph, and the register of driver's licenses

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

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

1. Article 62 of the Criminal Act: