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(영문) 수원지방법원 안산지원 2018.07.10 2018고단1364

교통사고처리특례법위반(치상)등

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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 of a vehicle B low-priced vehicle in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents.

On March 1, 2018, 00:10 on March 1, 2018, the Defendant promoted the roads in front of the 39 agricultural cooperative federation from the new park protection area to the water industry.

The driver of a motor vehicle shall obtain the driver's license of the motor vehicle, and since the location at the time is an intersection that is not supported by the traffic control, there was a duty of care to safely proceed after checking whether there is a motor vehicle crossing by temporarily stopping and slowly and to prevent accidents.

Nevertheless, if the defendant neglected to perform the above duty of care and proceeds from the negligence, he received the part adjacent to the right side of the victim C's DCA 110 Oroba, which was carried on the right side from the left side of the victim C's DCA 110 Oroba, which was driven by the defendant.

As a result, the Defendant suffered from the victim’s occupational negligence, which caused approximately eight weeks of medical treatment to the left-hand streaks.

2. Violation of the Road Traffic Act (Non-licensed driving) Defendant 1 driven a vehicle B, without a driver’s license, at a section of about 200 meters from the front door of a member who sought to be located in Sincheon-dong in Sincheon-dong at the time of the occurrence of the accident described in the above paragraph 1, from the front door to the location of the accident described in the above paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspects of E;

1. A medical certificate;

1. Registers of driver's licenses and details of revocation of driver's licenses;

1. Reports on traffic accidents (1), (2) and reports on occurrence of traffic accidents;

1. Application of each statute on photographs;

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. The former part of Article 37 of the Criminal Act, Article 38(1)2 and Article 38(2), and Article 50 of the Criminal Act for the aggravation of concurrent crimes.