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(영문) 부산지방법원 2014.10.17 2014고단5987
교통사고처리특례법위반등
Text

A defendant shall be punished by imprisonment for six months.

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

1. Around 00:40 on June 10, 2014, the Defendant driven a vehicle BM5 without obtaining a driver’s license in the section of section of section of section of section of section of section of section of 300 of the Road Traffic Act, from around the road in the direction of the safe intersection in Busan East-dong to the road in the same return.

2. The Defendant in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents is a person engaging in driving a vehicle BM5.

On June 10, 2014, the Defendant driven the said car without obtaining a driver's license at around 00:40, and driven the said car at about 30 km per hour from the side of the intersection to the front of the convenience store at the convenience range of the above three-lanes.

At the time of night, there was a duty of care to prevent accidents in advance by driving safely by checking the front door and the left and right of the driver of the motor vehicle.

Nevertheless, the Defendant neglected this and found the victim C (year 45) who was going to the left-hand side from the right-hand side of the Madin bank to the left-hand side by negligence going through without examining the right-hand side and the right-hand side, and did not avoid this, and received the victim as the front part of the said car.

Ultimately, the Defendant suffered from an occupational negligence that caused damage to the victim, which requires approximately four weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to a medical certificate and a survey report on actual conditions;

1. Each imprisonment without prison labor or choice of imprisonment with prison labor, in consideration of the relevant legal provisions, the proviso to Article 3 (1), Article 3 (2) 7 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, subparagraph 1 of Article 152, Article 43 of the Road Traffic Act, the same penal power, degree of damage, etc. concerning the crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 38 (2), and 50 of the Criminal Act (within the scope of a prison term aggregating organs);

1. The Criminal Act, the suspension of execution;

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