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(영문) 대전지방법원 2015.12.16 2014고단3528 (1)

교통사고처리특례법위반등

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A defendant shall be punished by imprisonment for not less than five months.

Reasons

Punishment of the crime

1. On March 12, 2014, the Defendant, without obtaining a driver’s license on March 19, 2014, driven a e-wing truck at approximately 12 km section from the front side of the Dae Young-gu Daejeon Seo-dong, Daejeon Jung-gu, Daejeon, to the front side of the Yungdong-dong, Daejeon Jung-gu, Daejeon.

2. The Defendant in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents is a person who is engaged in driving class E and freight cars.

On March 12, 2014, the Defendant driving the above cargo without obtaining a driver's license as stated in Paragraph 1, as of March 12, 2014, and driving the said cargo along the four-lane road in front of the said new cooperation, and driving from the 4-lane to the 4-lane Eastwest.

At the time, the defendant was getting off, and the defendant was followed by the GM car driven by the victim F (n, 46 years old) prior to the same direction, so in such a case, the driver of the vehicle had a duty of care to secure the safe distance that can be avoided when the vehicle stops, and the driver of the vehicle has a duty of care to ensure the safe distance that can be avoided when the vehicle stops.

Nevertheless, the Defendant neglected to do so and led the following part of the above SM vehicle to the front part of the above cargo vehicle, and due to the shock, the above SM vehicle was pushed down, and the victim H(31) who stops in the front of the above SM vehicle was driven by the victim H(31). The above fM vehicle was followed by the behind part of the IM vehicle operated by the K NA which stops in the front. The above fM vehicle was driven by the K NA which was driven by the JJ.

Ultimately, the Defendant suffered, by negligence in the above business, the injury to the pertinent F and the victim L(10 years of age), and the victim M(10 years of age) who was on board the said SM car, respectively, for about three weeks of medical treatment, and the injury to the pertinent H, such as climatic salt, which requires approximately two weeks of medical treatment.

Summary of Evidence

1. Defendants in the second protocol of trial;