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(영문) 창원지방법원 밀양지원 2015.11.26 2015고단322
교통사고처리특례법위반등
Text

A defendant shall be punished by imprisonment for one year.

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 driving of B Poter Cargo Vehicles.

On March 2, 2015, the Defendant operated the above cargo vehicle on March 15:10, 2015 without obtaining a driver's license, and proceeded ahead of the front road along the private-distance intersection in front of the viewing and viewing letter in the narrow city, using one-lane one-lane from the viewing and viewing door door room to the non-speed speed.

Since the location was an intersection where signal apparatus was installed, there was a duty of care to safely drive the driver in accordance with the signals.

Nevertheless, the Defendant neglected to drive without a license and neglected to follow the signal while driving the car without a license, and caused the part of the Defendant’s trucking ahead of the left side of the car of the victim C(W, 63 years old) driving in accordance with the signals to the port from the right side of the direction of the Defendant’s running.

Ultimately, the Defendant suffered injury to the victim C, such as a spath of a baby who needs to be treated for about four weeks due to such occupational negligence, and suffered injury to the victim E (V, 72 years old) who was on the top of the operation of the car in the spath and carried out the above spath for about three weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. A traffic accident report, a report on actual condition, the ledger of driver's licenses, and each diagnosis certificate;

1. Application of each statute on photographs;

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

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

1. The punishment of imprisonment without prison labor for a violation of the Road Traffic Act and the Act on Special Cases concerning the Settlement of Traffic Accidents shall be chosen, respectively;

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