beta
(영문) 의정부지방법원 고양지원 2016.02.26 2015고단3750

교통사고처리특례법위반등

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On October 24, 2014, the Defendant was sentenced to six months of imprisonment and two years of suspended execution due to a violation of the Road Traffic Act (drinking) or a violation of the Road Traffic Act (drawing) in order to support the High Government District Court on October 24, 2014, and the judgment became final and conclusive on July 2, 2015.

The defendant is a person who is engaged in driving a Clearning car.

On November 28, 2015, the Defendant driven the said car without obtaining a driver's license from around 19:30 on November 28, 2015, and made it left left at the 122-distance from the 122 Scongyang-gu, Goyang-gu.

Since there was an intersection where signal lights are installed on the front side, in such a case, a person engaged in driving a motor vehicle has a duty of care to safely enter the front side and the left or left side of green signals after checking whether there is a vehicle that is directly engaged in the opposite side in order to prevent the accident from occurring due to safe entry.

Nevertheless, the Defendant neglected this and neglected to turn to the left at the green signals, and received the front part of the vehicle in front of the vehicle in front of the vehicle in front of the E-turned vehicle driven by the victim D (29 tax) who was going directly from the opposite side of the vehicle.

Ultimately, the Defendant suffered injury to the victim, such as salt, tension, etc., of the bones of wood, which requires approximately two weeks of medical treatment, due to such occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. The actual survey report and the driver's license register of motor vehicles;

1. A medical certificate;

1. Photographss by cutting off on-site photographs and black stuffs images;

1. Application of an inquiry letter, such as criminal history, investigation report (Attachment to the judgment and the results of the case search);

1. Relevant Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, Article 268 of the Criminal Act (the occupation and practical occupation, the choice of imprisonment without prison labor), subparagraph 1 of Article 152 of the Road Traffic Act, and Article 43 of the Road Traffic Act (the occupation of unlicensed driving, the choice of imprisonment without prison labor);

1. The former part of Article 37 of the Criminal Code of Aggravation of Concurrent Crimes;