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(영문) 부산지방법원 동부지원 2014.02.04 2013고단2961

교통사고처리특례법위반등

Text

A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a vehicle of a Lewirs.

On August 21, 2013, the Defendant driving the said car without obtaining a driver's license on August 21, 2013, and driving the said car at approximately 50 km per hour from the intersection to the intersection between the intersection and the intersection of the Busan KBS alone.

At the time, people are frequently crossing at and near the night, so in such a case, there was a duty of care to prevent accidents by driving a person engaged in driving service with a view to booming the front door and operating the steering and steering system accurately.

Nevertheless, the Defendant neglected to do so and found the victim D who crosses the car without permission from the right side of the above vehicle driving direction to the left side and operated it late, but did not avoid it, and made the victim go beyond the ground by obtaining the victim's left side bridge in front of the right side of the above vehicle of the Defendant.

Ultimately, the Defendant suffered injury to the victim, such as the closure of the frame of the part of L1, which requires approximately eight weeks of medical treatment, due to the above occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the occurrence of each traffic accident in D and E;

1. Registers of driver's licenses;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Relevant legal provisions concerning facts constituting an offense, and subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act that choose the penalty, Article 3 (1) and the proviso of Article 3 (2) 7 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act;

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

1. Suspension of execution under Article 62 (1) of the Criminal Act (including the fact that the parties have agreed with the victim, the fact that the negligence on the part of the victim is not clear, and the fact that mistake is recognized);