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(영문) 부산지방법원 동부지원 2018.03.29 2017고단2154
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On June 11, 2017, the Defendant, without a driver’s license, driven a car at CNA which was not covered by the automobile mandatory insurance on June 11, 2017, and moved back on the road in front of the “EM” located in Busan Southern-gu, the Defendant suffered a dives duf, etc. of the victim F (n, 82 years of age) who was suffering from waste at the right side after the end of the work that did not properly look at the front and rear left and right and the right and the right of the Defendant, due to the shock of the victim F (n, 82 years of age).

Summary of Evidence

1. Statement of the defendant in the first trial record;

1. A traffic accident occurrence report;

1. The driver's license ledger;

1. Inquiry into mandatory insurance;

1. Statement made by the police with respect to the victim F;

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

1. Relevant legal provisions concerning facts constituting the crime and the occupation of a sentence and the occupation of a sentence: Operation without a license under Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and 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 are not mandatory insurance: Articles 46 (2) 2 and 8 of the Guarantee of Automobile Compensation Act;

1. The reasons for sentencing under the former part of Article 37 of the Criminal Act, Articles 38(1)2 and 38(2) and 50 of the Act on the Aggravated Punishment of Concurrent Crimes are as follows: (a) even though the Defendant had recently been punished for the same kind of crime, the instant accident occurred while driving a motor vehicle with multiple licenses; (b) the injury occurred without considerable occupational negligence; (c) the injury was serious; and (d) an agreement with the victim, etc., shall be sentenced to imprisonment corresponding thereto

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