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(영문) 서울서부지방법원 2019.10.17 2019고단2384
교통사고처리특례법위반(치상)등
Text

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

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

【Criminal Power】 On June 27, 2019, the Defendant was sentenced to a suspended sentence of two years for a year, who was sentenced to imprisonment for violating the Act on Special Cases Concerning the Settlement of Traffic Accidents at Seoul Western District Court, and the said judgment became final and conclusive on July 5, 2019.

【Criminal Facts】

1. The defendant is in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury).

On June 12, 2019, the Defendant driven the above cargo without obtaining a driver's license on June 12, 2019, and turned back the front of Eunpyeong-gu Seoul Metropolitan Government roads from the old air basin to the seat of the D Licensed Real Estate Agent Office.

At the same time, there was a frequent place in which the passage of the person is frequent, so that there was a duty of care to check whether there was a person who is driving prior to the start-up of the driver, and to drive safely.

Nevertheless, the defendant neglected this and got the victim E (the age of 76) who was coming from the rear bank due to the negligence of the defendant's negligence and got the victim E (the age of 76) to go beyond the ground.

Ultimately, the Defendant suffered injury to the victim, such as brain salvin, which requires medical treatment for about two weeks due to such occupational negligence.

2. Around 18:46 June 12, 2019, the Defendant violated the Road Traffic Act (free license) driving of the said wing vehicle without obtaining a driver’s license in front of Eunpyeong-gu Seoul on the road.

Summary of Evidence

1. Defendant's legal statement;

1. The actual survey report on traffic accidents;

1. Registers of driver's licenses;

1. A medical certificate;

1. Previous convictions: The application of Acts and subordinate statutes to criminal records and investigation reports (a period of suspended execution of sentence);

1. Relevant legal provisions concerning criminal facts, Article 3 (1), the proviso to Article 3 (2) and Article 3 (7) of the Act on Special Cases concerning the Settlement of Traffic Accidents in the Selection of Punishment, Article 268 of the Criminal Act, Article 152 subparagraph 1 of the Road Traffic Act, and Articles 152 and 43 of the Road Traffic Act;

1. The latter part of Article 37 of the Criminal Act for the treatment of concurrent crimes;

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