beta
(영문) 의정부지방법원 2014.10.28 2014고단1557

교통사고처리특례법위반등

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

On April 19, 2014, at around 08:10 on April 19, 2014, the Defendant driven a C Poter freight vehicle without obtaining a driver's license, and led to two-lanes in the vicinity of the C Poter road in front of the C Poter-ri Office located in the C Macheon-si, Macheon-si.

Since the place has a three-distance intersection, the driver of the motor vehicle had a duty of care to live well on the right and the right and the right and the right of the driver, and to accurately operate the steering and the operation of the steering system in a safe manner.

However, as the Defendant neglected the above duty of care and tried to make an internship on a two-lane road, the Defendant received the front part of the victim’s right side of the E-city bus driving (the age of 40) driven by the victim D (the age of 40) driving on the left side of the Defendant’s cargo vehicle from the front side of the Defendant’

The Defendant, by such occupational negligence, sustained injury to the victim D, such as climatic salt in need of approximately two weeks of medical treatment, and injury to the victim F (the victim F (the victim aged 81) who is urban bus passengers, such as climatic and tensions in need of medical treatment for about eight weeks of age.

Summary of Evidence

1. Defendant's legal statement;

1. Each written statement of D;

1. Registers of driver's licenses;

1. Each written diagnosis (F, D);

1. Application of Acts and subordinate statutes to a survey report, on-site photo, black booms photographe photograph;

1. Article 3 (1) of the Act on Special Cases concerning the Handling of Traffic Accidents applicable to the facts constituting the crime, Article 268 of the Criminal Act, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act (a point of driving without a license);

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. As to the violation of the Act on Special Cases concerning the Settlement of Alternative Traffic Accidents, imprisonment without prison labor shall be sentenced and as to the violation of the Road Traffic Act, imprisonment shall be sentenced;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2 and (2), and Article 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. The reasons for sentencing of Article 62-2 of the Criminal Act is among the above crimes.