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(영문) 대구지방법원 포항지원 2013.07.03 2013고단484

교통사고처리특례법위반등

Text

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

However, 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 the duty of driving the tea B in the line.

On April 8, 2013, at around 16:30, the Defendant driven the said van without obtaining a driver's license, and proceeded by moving the two-lanes prior to the right to the right to the right to the right to the right to the right to the right to the right to the right to the right to the right to the right to the right to the right to the right to the right to the right to the right to the right

At all times, there is a lot of pedestrian traffic in a crosswalk that does not include a traffic signal, so if a person engaged in driving a motor vehicle passes the crosswalk by reducing the speed and taking well the right and the right of the road, the driver has a duty of care to temporarily stop in front of the crosswalk to check the safety of pedestrians, to send the pedestrian first, and to prevent the accident in advance.

Nevertheless, the defendant neglected to do so and did not discover the victim C (at 33 years old) who cross the front side of the front side of the road from the right side by his negligence and did not get the victim to go beyond the road by obtaining the left side part of the victim's bridge.

Ultimately, the Defendant suffered injury to the victim due to the above occupational negligence, such as the left-hand alley and the open-end alley of the non-alley executives in need of treatment for about 16 weeks.

Summary of Evidence

1. Statement by the defendant in court;

1. The police statement of D or E;

1. Registers of driver's licenses;

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

1. Article 3 (1), Article 3 (2) (proviso) 6 and 7 of the Act on Special Cases concerning the Settlement of Traffic Accidents and Special Cases concerning the Selection of Punishment, Article 268 of the Criminal Act, Article 152 subparagraph 1, and Article 43 of the Criminal Act concerning facts constituting an offense;

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

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

1. The defendant for sentencing under Article 62-2 of the Criminal Act.