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(영문) 부산지방법원 2016.08.12 2016고단1189
교통사고처리특례법위반등
Text

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

Reasons

Punishment of the crime

1. The Defendant in violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents is a person engaging in driving a vehicle of C New franchise XG.

On February 16, 2016, the Defendant driven the said car without a driver's license around 08:30 on February 16, 2016, and led to the intersection of the trim distance in front of the Gyeong Chang Apartment apartment in Busan Young-gu, Busan, to the Hadwon cafeteria cafeteria.

At that time, the location was an intersection with no signal apparatus, and in such a case, there was a duty of care to reduce the speed and drive safely by checking well the right and the right on the front side.

Nevertheless, the Defendant neglected to do so without a driver's license and went on to the right side of the victim D(52) driving on the left side of the running direction of the Defendant, and received the back part of the victim D(52) E driving on the right side of the Defendant's driver's vehicle from the front part of the Defendant's driver's car, and suffered an injury, such as the thring of the off frame, which requires approximately eight weeks medical treatment.

2. Violation of the Road Traffic Act (unlicensed Driving) driving of the said vehicle at a section of about 50 meters from the front of the Defendant’s house located in the Busan Young-do F, Busan, without a driver’s license, at the time indicated in paragraph 1 to the place indicated in paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report;

1. The driver's license ledger;

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

1. Relevant Article 3 (1), proviso to Article 3 (2) 6 and 7 of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, Article 268 of the Criminal Act (the point of causing occupational negligence, selection of imprisonment without prison labor), subparagraphs 1 and 43 of Article 152 of the Road Traffic Act (the point of driving without a license and the choice of imprisonment with prison labor);

1. Grounds for sentencing of Article 37 (former part of Article 37, Article 38 (1) 2 and (2), and Article 50 (limited to the extent that the punishment is aggregated with the long-term punishment of each of the above crimes) of the Act on Special Cases concerning the Settlement of Traffic Accidents, which is aggravated by imprisonment with prison labor as an aggravated punishment for concurrent crimes prescribed by the Act on Special Cases concerning the Settlement of Traffic Accidents,

1. Sentence of a punishment by law;

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