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(영문) 대구지방법원 서부지원 2014.06.27 2014고단478

교통사고처리특례법위반등

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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

1. On December 15, 2013, the Defendant violated the Road Traffic Act (unlicensed Driving) and the Guarantee of Automobile Accident Compensation Act (hereinafter referred to as the “Act”), the Defendant driven B rocketing car without obtaining a driver’s license from the front side of the Geumkho Center located in the 169-10, Seogu, Daegu-gu, Daegu-gu, to the front side of the 174-1st road.

2. On December 15, 2013, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (hereinafter “Special Cases Concerning the Settlement of Traffic Accidents”) followed the said rocketing car on the road 174-1, Seocho-gu, Daegu-gu, Daegu-dong 174-1.

In such a case, the driver of a passenger car has a duty of care to check the safety by properly examining the right and the right and the right and the right of the driver, but the defendant neglected to do so and neglected to do so and followed the left-hand edge of the victim C (the age of 64) who was a pedestrian who passed the place as it is, the driver of the passenger car.

As a result, the Defendant suffered from the Defendant’s negligence as above the victim suffered from the Plaintiff’s side marropical marrosis within the left-hand slots that need to be treated for about four weeks.

3. As stated in Paragraph 2, the Defendant: (a) called “a request to make a statement that she had driven a car without obtaining a license” by phoneing D, which read as “a request to make a statement that she had driven a car without obtaining a license,” thereby allowing D to make a false confession.

Therefore, the defendant made D's false statement that D's driving of the said car at the large-scale police station guard, traffic, and traffic investigation team office around December 19, 2013.

Accordingly, the defendant instigated D to escape a person who commits a crime subject to a fine or heavier punishment.

Summary of Evidence

1. Defendant's legal statement;

1. Each police suspect interrogation protocol regarding D;

1. Statement to C by the police;

1. A written statement of C and D;

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