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(영문) 서울동부지방법원 2018.05.03 2018고단340

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

The defendant is a person who is engaged in driving of a DNA-learning car.

1. On January 12, 2018, the Defendant driving a motor vehicle without obtaining a driver’s license in a section of about 2 km from the roads that he/she may know about the 15:20 on the 12nd day of January 12, 2018 to the roads in Gwangjin-gu Seoul Special Metropolitan City, to the roads in front of the same Gu.

2. The Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) did not obtain a driver’s license on January 12, 2018. On January 15, 2018, the Defendant driving the said car and driving the said car at a non-speed level depending on the military teacher’s distance room in front Gwangjin-gu Seoul Special Metropolitan City along the three-lane road.

At the same time, there is a vehicle that stops in the signal waiting at that time, so in such a case, the defendant engaged in driving of the motor vehicle has a duty of care to reduce the speed, accurately operate the steering and brakes, and safely drive the motor vehicle by safely driving the motor vehicle, such as taking the situation of traffic on the front side and the right side.

Nevertheless, the Defendant neglected this and received a part of the front part of the said car driving by the Defendant, following the passenger car driven by the Victim F (F, 52 years old) who was standing in the signal waiting.

Ultimately, the Defendant suffered injury to the victim, such as light fluoral salt, which requires approximately two weeks of medical treatment, due to such occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. The actual investigation report on traffic accidents;

1. A written statement;

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

1. Article 3(1) and the proviso to Article 3(2)7 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 152 Subparag. 1 and Article 43 of the Road Traffic Act concerning facts constituting an offense;

1. With respect to the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents in Need of Punishment, choice of imprisonment shall be sentenced to imprisonment without prison labor or a crime of the Road Traffic Act;