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(영문) 인천지방법원 2017.11.02 2017고단6375
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The defendant is a person who is engaged in driving freight cars in Bribea in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents.

On August 5, 2017, the Defendant driven the above vehicle at around 17:20, and led the Defendant to the right bypass from the surface of the water distribution to the surface of the space of the space of the land at the crosswalk 248, (a drawing Dong) the Saemaeul Credit Cooperatives, which was located in the vicinity of the Incheon Nam-gu, Incheon.

At all times, crosswalks are installed along with pedestrian signals and vehicle auxiliary signals. In such a case, the driver of the vehicle has a duty of care to prevent accidents in advance by safely driving the vehicle in accordance with the new code after checking whether there is a pedestrian who flags the front door and the right and the right.

Nevertheless, the defendant neglected to obtain a driver's license and proceeded with the front signal of the crosswalk, which is a red light, and the victim C (the age of 67) who was standing on the left side of the crosswalk in accordance with the pedestrian signals, was placed in front of the right side of the above vehicle and got the victim C (the age of 67) above the floor.

Ultimately, the Defendant suffered injury to the victim, such as finite finites, in need of approximately two weeks of medical treatment, due to such occupational negligence.

2. On August 5, 2017, the Defendant driven the freight vehicle described in paragraph (1) without obtaining a driver’s license from around the roads near the water delivery station located in the Nam-gu Incheon, Incheon, Nam-gu, to around 248, e.g., the same border lines from around 1, 2017, to the roads front of one branch of the Saemaul Saemaul Undong, FG Saemaul Undong, the Defendant driven the freight vehicle at around 3km, without obtaining a driver’s license.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Report on the occurrence of a traffic accident, a survey report on actual condition, and the ledger of driver's licenses;

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

1. Article 3 of the Act on Special Cases concerning the Settlement of Traffic Accidents and the Selection of Punishment for Criminal Facts and Article 3 of the Act on Special Cases concerning the Settlement of Traffic Accidents.

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