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(영문) 울산지방법원 2018.04.25 2017고단4510
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

1. The Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) is a person who is engaged in driving of Lone Star Co., Ltd. (Seoul 12).

On July 28, 2017, the Defendant driven the above van without obtaining a Class 1 driver's license of the ordinary motor vehicle around 16:30 on July 28, 2017, and proceeded to the left turn at a speed of about 30 km from the right high school to the original market.

In this case, there was a duty of care to reduce the speed of a person engaged in driving of a motor vehicle and to prevent the occurrence of an accident by safely driving a motor vehicle in advance.

Nevertheless, the Defendant neglected to do so without a Class 1 ordinary driver's license and went beyond the road by receiving the victim D (Woo, 37 years old) from the front part of the said van by negligence.

Ultimately, the Defendant suffered from the victim’s occupational negligence in light of the fact that the victim suffered approximately 14 weeks of light-to-face opening of the body.

2. Violation of the Road Traffic Act (Non-licenseless Driving) Defendant driven the said Lone Star Co., Ltd. without obtaining a driver’s license from approximately 2.5 km to the place stipulated in paragraph (1) on the roads adjacent to the astronomical Domina shop located in Yangsan-si, Yangsan-si.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

1. Five copies of a medical certificate;

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

1. Relevant Article of the Act on Special Cases concerning the Settlement of Traffic Accidents and the Injury caused by a failure to perform the duties of selecting a punishment: Operation of a license without prison labor, Article 268 of the Criminal Act, Article 152 subparag. 1 and 43 of the Road Traffic Act, Articles 152 subparag. 1 and 43 of the Road Traffic Act, and Article 3 subparag. 7 of the Act on Special Cases concerning the Settlement of Traffic Accidents;

1. Article 37 (former part of Article 37 of the Criminal Act, Article 38 (1) 2 and Article 50 of the Criminal Act (the imprisonment and imprisonment without prison labor shall be regarded as the punishment of the same kind, and shall be punished by imprisonment and both crimes shall be committed.

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