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(영문) 울산지방법원 2018.05.31 2018고단893

교통사고처리특례법위반(치상)등

Text

A defendant shall be punished by imprisonment for six 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 is a person who violates the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) and is engaged in the driving of the freight truck B.

On March 9, 2018, the Defendant driven the above cargo vehicle around 13:40, and changed the course to the two-lanes while driving the three-lane in the direction of a viewing distance in the south-gu, Ulsan-gu from the direction of the winter.

In order to change the vehicle line, there was a duty of care to inform the person engaged in driving of the vehicle of the change of the vehicle line by direction, etc., and to safely change the vehicle line by keeping the traffic situation before and after the change.

Nevertheless, the Defendant, without obtaining a driver’s license, neglected the above duty of care and neglected the above duty of care, was negligent in changing the course to a two-lane, and received the victim C's DaX5 car driving prior to the left-hand side of the said cargo vehicle.

After all, the defendant suffered approximately 4 weeks of medical treatment from the victim due to the above occupational negligence.

2. Violation of the Road Traffic Act (unlicensed Driving) driving of B freight vehicles without obtaining a driver’s license from the vicinity of the "Magna Museum," located in the Southern-gu, Ulsan-gu, Ulsan-gu, Seoul-do, to the viewing distance located in the same month from around 8km to the viewing distance in the same month.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. Reporting on the occurrence of a traffic accident;

1. A survey report on actual conditions;

1. A medical certificate;

1. Application of Acts and subordinate statutes to the ledger of driver's licenses;

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

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. An order to attend a course;