beta
(영문) 청주지방법원 2018.07.26 2017고단2696

교통사고처리특례법위반(치상)등

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

【Criminal Records of Crimes】 On November 30, 2017, the Defendant was sentenced to 8 months of imprisonment and 2 years of suspended execution on December 8, 2017 at the Cheongju District Court on the grounds of a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (do referred to as "the prime sentence"), etc.

【Criminal facts】 The Defendant is a person who is engaged in driving a motor vehicle at a low-priced level.

On June 27, 2017, the Defendant, without obtaining a driver's license on a motor vehicle on June 11:45, 2017, was driving the said motor vehicle on the front of the petition-gu Office D from the Cheongju-si to the influence of the postal apartment.

At the same time, the traffic control is not carried out, so in such a case, if the width of the intersection is wider than that of the road passing through by the person engaged in the driving of the motor vehicle, it shall slowly be done, and if there is another motor vehicle seeking to enter the intersection from the road with a wide width, there was a duty of care to yield the course to the vehicle and prevent the accident in advance.

Nevertheless, the Defendant neglected such duty of care and neglected to proceed to the right by the negligence of the Defendant’s driving at the intersection and without performing the duty of care, and went to the right side from the left side of the Defendant’s running direction, and took part of the front part of the FF car driven by the victim E (SV) who was driving on the left side of the Defendant’s driving direction, and suffered approximately two weeks of treatment on the front part of the car driven by the Defendant.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A medical certificate;

1. A survey report on actual conditions;

1. Previous convictions: A reply to inquiry, such as criminal history, report on investigation (report on confirmation of the same kind of case declared by the suspect recently), and application of each statute of the judgment;

1. Article 3(1) and the proviso of Article 3(2)7 of the Act on Special Cases concerning the Settlement of Traffic Accidents by the Selection of Punishment, Article 268 of the Criminal Act (the point of causing bodily injury by occupational negligence and the choice of imprisonment without prison labor) concerning criminal facts.