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(영문) 대전지방법원 공주지원 2018.07.06 2018고단225

교통사고처리특례법위반(치상)등

Text

A defendant shall be punished by imprisonment for a term of one year and four months.

Reasons

Punishment of the crime

[criminal history] On June 10, 2016, the Defendant was sentenced to eight months of imprisonment for a violation of road traffic law in the official support of the Daejeon District Court of Daejeon, and completed the execution of the sentence in a military prison on August 9, 2017.

[2] Around 15:20 on February 28, 2018, the Defendant, without obtaining a driver’s license, driving CPoter Ⅱ truck, and driving at CPoter Ⅱ along the intersection in front of D in the official city, was going to the front of D, and the Defendant, without obtaining a driver’s license, entered the intersection in the course of business negligence that entered the intersection without properly examining the surrounding areas, and the Defendant suffered from the victim’s injury, such as a plehing pleh, which requires a four-day medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Reporting of a traffic accident (1) (1) and reporting of a traffic accident (2) (2) (2));

1. A medical certificate;

1. The driver's license ledger;

1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, and an investigation report (report on confirmation of the same criminal history as the suspect);

1. Relevant Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Special Cases concerning the Selection of Punishment, Article 3 (2) 1 and 7 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act (the occupation of occupational and de facto occupation, the choice of imprisonment without prison labor), Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (the occupation of unlicensed driving and the choice of imprisonment without prison labor);

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. The reasons for sentencing under the former part of Article 37 of the Criminal Act, Article 38(1)2, Article 38(2), and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes have already been punished for driving without licenses, but the Defendant again committed the crime without licenses during the period of repeated crimes, even though he had already been punished five times.

The defendant's negligence on a traffic accident is very heavy and the victim's injury is caused thereby.