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(영문) 대구지방법원 김천지원 2017.03.24 2016고단1566
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Criminal facts

The defendant is a person who is engaged in driving a KS7 car.

On April 14, 2014, the Defendant driven the said car without obtaining a driver’s license from around 10:00, and led the Defendant to drive the said car along the intersection near the Gu-U.S. University located in 15-ro one-way from the Gu-U.S. University at the time of the Gu-U.S. Sim-si.

In this case, there was a duty of care to reduce speed, to take the right and the right and the right and the right and the right of the driver, and to accurately operate the steering and the system.

Nevertheless, the Defendant did not obtain a driver's license for a motor vehicle but did not neglect the front city and proceeded as it is, due to the negligence on the part of the Defendant, and was driven by the victim C (53 cc) who is going to run in the luxal area of the Gyeong-do Highway (53 cc). The Defendant received the front side of the k7 passenger car in front.

Ultimately, the Defendant by occupational negligence inflicted injury on the victim C, such as salt, tension, etc. of the bones, which requires medical treatment for about three weeks, on the part of the victim E (60 years old) who took advantage of the franchiseer car, and suffered injury, such as salt, tension, etc. of the bones of wood and bones requiring medical treatment for about three weeks, respectively.

Summary of Evidence

1. Statement by the defendant in court;

1. C's written statement related to traffic accidents;

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

1. Each written diagnosis;

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

1. Article 3(1) and the proviso to Article 3(2)7 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 152 Subparag. 1 and Article 43 of the Road Traffic Act concerning facts constituting an offense;

1. Articles 40 and 50 (Punishments provided for in the Act on Special Cases concerning the Settlement of Traffic Accidents between Crimes of Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents and Punishment for Crimes of Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents against Victims E with heavier criminal standing);

1. The crime of violation of the Traffic Act by means of selective punishment shall be sentenced to imprisonment and the crime of violation of the Act on Special Cases concerning the Settlement of Traffic Accidents;

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