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(영문) 수원지방법원 평택지원 2016.06.16 2016고단487

교통사고처리특례법위반등

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 a BM5 car.

On March 14, 2016, the Defendant, without obtaining a driver's license for a motor vehicle on March 14, 2016, proceeded at about 10km from the court to the two-lane factory near Pyeongtaek-dong, Pyeongtaek-dong.

At the time, since the passage of a vehicle was high due to the attendance time, there was a duty of care to live well on the front side and the right and the right of the driver and to prevent accidents in advance by driving safely.

Nevertheless, while the defendant neglected this and went to turn to the left at the left side of the defendant's vehicle while he was making a U-turn at a two-lane, the part of the victim C(44) driver's right side of the driver's car which was driving at the right side of the victim C(44) driver's vehicle was left to the front side of the defendant's vehicle.

Ultimately, the Defendant, by negligence in the above occupational negligence, sustained injury to the above C, such as salt in the 3 weeks required to treat the said C, and suffered injury to the victim E (V, 40 years old) who was on board the car in the franchise car, such as light salt in the franchise which requires approximately three weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A survey report on actual conditions;

1. Each written diagnosis;

1. Application of Acts and subordinate statutes to the ledger of driver's licenses;

1. Article 3(1) and the proviso to Article 3(2) of the Act on Special Cases concerning the Settlement of Traffic Accidents under the relevant Act concerning criminal facts; Article 268 of the Criminal Act; Article 152 Subparag. 1 and 43 of the Road Traffic Act;

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

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Determination on the protection and observation and application of sentencing guidelines under Article 62-2 of the Criminal Act: The scope of recommendation of sentencing guidelines for the reasons of sentencing under Article 62-2 of the Social Service Order: Operation without a license for the basic area (from April to one year) of the type of general traffic accident (the injury by traffic accident).