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(영문) 수원지방법원 여주지원 2015.01.30 2014고단853
교통사고처리특례법위반등
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of a C Poter freight vehicle.

1. On October 14, 2014, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents: (a) driven the said vehicle without obtaining a driver’s license on October 14, 2014; (b) driven the said vehicle, driving the said vehicle at the intersection of the intersection in front of the E-line in Gyeonggi-si, and making it left to the right edge of the intersection.

At the same time, the passage of a vehicle is frequent, and in such a case, there was a duty of care to prevent accidents in advance by accurately manipulating the operation and steering gear of the vehicle with the driver's duty of care, who is engaged in the driver's duty of care.

Nevertheless, the Defendant neglected to do so and neglected to drive without a license and neglected to turn to the left, and neglected to turn to the left, and received the front wheel part of the victim F(W50 years old) drive GW50 Obaon from the side of the GW50 Obaon by the Defendant’s vehicle.

Ultimately, the Defendant suffered injury to the victim by occupational negligence, such as the left-hand pelpel and pelvisa, which require approximately 12 weeks of treatment.

2. On October 14, 2014, the Defendant: (a) driven the truck from the front side of the Dong Building Parking Lot in the Gyeonggi-gu, Chang-dong to the said accident site without obtaining a driver’s license on October 14, 2014; and (b) drive the said truck from the front side of the Dong Building Parking Lot in the Gyeonggi-do, to the said accident site.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement;

1. Registers of driver's licenses;

1. A medical certificate with respect to F;

1. Application of Acts and subordinate statutes governing accident site photographs;

1. Relevant legal provisions concerning facts constituting an offense, Article 3(1) and the proviso of Article 3(2)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 Subparag. 1 and Article 43 of the Road Traffic Act, and imprisonment without prison labor;

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