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(영문) 대구지방법원 포항지원 2021.02.10 2020고단1485
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

1. The Defendant in violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents is a person engaging in driving a vehicle BK9.

On May 27, 2020, the Defendant driven the said car without obtaining a driver's license from around 09:42 on May 27, 2020, and changed the two-lane C from the north-gu road at the port of the port to the north-gu Seoul road at the port of the port of the port of the port of interested, into the three-lane.

In this case, the driver of the vehicle has a duty of care to take the front side and left side well and accurately manipulate the brake system to prevent accidents in advance.

Nevertheless, the Defendant neglected this and changed the lane without properly organizing the brakes, and instead, was driven by the victim D (29 years old) who was a direct driving in the same direction on the right side of the E-to-hand part of the E-on, which was driven in the same direction, by the Defendant, more than the fences around the left side of the said car driving by the Defendant.

Ultimately, the Defendant suffered injury to the victim, such as the pelle of the large electronic body, which requires approximately four weeks of medical treatment due to the above occupational negligence.

2. The Defendant violated the Road Traffic Act (unlicensed Driving) was driving the said vehicle at the above time, at the above location, from the front of the road in the north-gu in the port of one hundred meters to the front of the road in the north-gu in the port of one hundred meters from the road in the north-gu in the port of one-way.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Report on the occurrence of a traffic accident, report on a traffic accident, site photograph of a traffic accident, and the ledger of driver's licenses for motor vehicles (A);

1. A medical certificate;

1. Reports on internal investigation and the application of the Acts and subordinate statutes governing investigation reports;

1. Facts constituting the crime: Article 3 (1) and the proviso of Article 3 (2) 7 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 152 subparagraph 1 and Article 43 of the Road Traffic Act, and Article 152 of the same Act, the occupation of driving without a license for a license for the choice of imprisonment without prison labor: Punishment;

1. Article 37 of the Aggravation of Concurrent Crimes Act.

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