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(영문) 대구지방법원 2018.01.25 2017고단5239

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 is engaged in driving a DK5 vehicle.

On July 1, 2017, the Defendant, without obtaining a driver's license of a vehicle at around 16:15, proceeded with K5 car in the direction of the Cost parking lot from the direction of the public parking lot to the direction of the Cstst Co parking lot of 97 Cststco Co., Ltd.

In such cases, the driver has a duty of care to live well on the right and the right and the right and the right and the right and the right and the right and the right and duty of operation of the motor vehicle.

Nevertheless, the defendant, who did not obtain a driver's license for a motor vehicle but neglected the duty on the front side by negligence, caused the two arms of the victim E (33 ) who did parking guidance to go beyond the victim.

As a result, the Defendant suffered injury to the part of the right arms, etc., whose treatment period cannot be known to the victim due to such negligence.

2. On July 1, 2017, the Defendant violated the Road Traffic Act (unlicensed driving) driving a DK5 vehicle without obtaining a driver’s license from the duct apartment parking lot located in the ductal-dong, Daegu Northern-gu, Daegu-gu, to the cost-road, 97 meters away from the ductal apartment parking lot of the same Gu to the ductal road located in the same Gu, and without obtaining a driver’s license.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes to a license ledger, such as a survey report on actual conditions, field photographs, records of medical treatment, photographs (victim's right hand, remittance confirmation, parking lot surveillance camera image), and license ledger;

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 loss of duties, 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 unauthorized driving, the selection of imprisonment with prison labor) concerning criminal facts;

1. Article 37 (former part of Article 37, Article 38 (1) 2, Article 38 (2), and Article 50 (Concurrent Punishment) of the Criminal Act.