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(영문) 대구지방법원 상주지원 2013.11.19 2013고단369
교통사고처리특례법위반등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On July 31, 2013, the Defendant driving B Poter Cargo Vehicles on the 28th road located in the Dong-ri-ri, Seocheon-gun, Gyeongcheon-do without obtaining a driver's license on July 31, 2013.

The Defendant, when proceeding the above road from the direction of the direction of the stream, is a one-lane road. In such a case, the Defendant, who is engaged in driving, had a duty of care to safely operate the steering gear and the steering gear by accurately operating the steering gear.

Nevertheless, the Defendant neglected to perform his duty at the front of the cargo vehicle in the state without a license, and was negligent in proceeding with the Defendant’s negligence, and received the back portion of the cargo vehicle from Dribe, which was driven by the victim C(the age of 48) who was driving in the front of the cargo vehicle.

The Defendant, by negligence in the course of performing the above duties, suffered from the cryp and the crypum finites that require approximately two weeks of treatment to the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement to C by the police;

1. Registers of driver's licenses;

1. A medical certificate;

1. Application of the statutes governing the on-site inspection of traffic accidents;

1. Article 152 subparagraph 1 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 152 and Article 43 of the Road Traffic Act, Article 3 (1) and the proviso to Article 3 (2) 7 of the Act on Special Cases concerning the Settlement of Traffic Accidents

1. On April 5, 2012, the Defendant, at the resident stay support of the Daegu District Court, was sentenced to imprisonment with prison labor for a term of two years of suspended execution and 120 hours of community service for one year of probation on April 13, 2012, and was sentenced to imprisonment with prison labor for a short term of two times or more after the final judgment became final and conclusive, and again committed the instant non-licensed driving without obtaining a license, and the Defendant again stated that he would not agree with the victim of the traffic accident even though he did not subscribe to a comprehensive insurance (39 pages of investigation records). Although the Defendant later scrapped the instant freight after the instant case, the Defendant’s scrapping of the instant freight.

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