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(영문) 의정부지방법원 2018.12.11 2018고단3947
교통사고처리특례법위반(치상)등
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 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 Cuba in the Republic of Korea.

1. On August 26, 2018, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) driven the said van without obtaining a driver’s license on August 26, 2018, driving the said van, and driving the road of five-lanes in the earth and sand distance in Gyeonggi-gu, Gyeonggi-do along the Seoul direction at about 50km in speed in the direction of south-do.

At this point, since traffic control by signal apparatus was conducted, it was confirmed whether a person engaged in driving service has stopped a vehicle according to the signals by checking the front door and the left and right of the vehicle, and if there is a vehicle stopped earlier, there was a duty of care to accurately operate the steering direction and the brake system and prevent the accident in advance.

Nevertheless, the Defendant neglected to obtain a driver's license, and received the back portion of the EM3 vehicle driving by the victim D(79) who was waiting in the front line in the two lanes prior to the change of the vehicle from the first lane to the second lane, in accordance with the red signal, and received the front portion of the EM3 vehicle.

Ultimately, the Defendant suffered injury, such as cage cage cages, etc., for about four weeks of medical treatment due to the above occupational negligence.

2. Around 06:00 on August 26, 2018, the Defendant driven the said van without obtaining a driver’s license from around 06:0 on the road located in thecheon-dong, Seoul Special Metropolitan City to around 07:09 on the same day from around 07:09 on the road located in the Dong-gu, Gyeonggi-do, Gyeonggi-do. The Defendant driven the said van without obtaining a driver’s license from around 6km.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the prosecutor with respect to the prosecution;

1. Statement made by the police on the police;

1. A written statement on the occurrence of D traffic accidents;

1. A survey report on actual conditions;

1. The driver's license ledger;

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

1. Article 3(1) and (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents under the relevant legal provisions concerning criminal facts.

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