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(영문) 광주지방법원 해남지원 2016.05.19 2016고단88
교통사고처리특례법위반등
Text

A defendant shall be punished by imprisonment for four 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 Bbee or a car.

On February 9, 2016, the Defendant driven the said car without a driver's license on February 13, 2016, and continued to drive the said car on the front side of the front west-gun of the Namnam-gun, the front side of the road on the front side of the front side of the west-gu, the front side of the road.

Since there was a road bend on the left-hand side, there was a duty of care to prevent the occurrence of accidents by accurately manipulating the brakes and steering gear, such as reducing speed by undergoing speed speed.

Nevertheless, the Defendant neglected to do so and caused the Defendant to leave the said car to the right side of the road and to leave it into the waterway by leaving the road by negligence going through a speed pedal instead of a speed pedal, thereby causing injury to the victim C (59 years) who was on the said car due to the shock to the right side of the road.

2. The Defendant violated the Road Traffic Act (unlicensed driving) driven the said car without a driver's license from the front of the Kimchi Factory located in the Gangseo-ri to the above road at approximately 100 meters away from the front of the Kimchi Factory, which is located in the south-gun of the coast of the above day to the above road.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A medical certificate;

1. The driver's license ledger;

1. A traffic accident report and a report on the occurrence of a traffic accident;

1. Evidence and photographs at the accident scene;

1. Application of Acts and subordinate statutes to investigation reports (the period of injury in this case specified);

1. Relevant Article 3 (1) and the proviso to Article 3 (2) 7 of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the relevant Act and the Special Cases concerning the Selection of Punishment, Article 268 of the Criminal Act (the occupation and actual occupation caused by traffic accidents, the selection of imprisonment without prison labor), Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (the occupation of driving without a license and the selection of imprisonment with prison labor);

1. The former part of Article 37 of the Criminal Act, Articles 38(1)2 and 38(2), and 50 of the Criminal Act (to the extent that the total of the long-term punishments of the above two crimes is aggregated).

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