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(영문) 대전지방법원 논산지원 2019.01.22 2018고단412
교통사고처리특례법위반(치상)등
Text

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

Reasons

Punishment of the crime

[Criminal Power] On July 28, 2015, the Defendant was sentenced to a maximum of two years and six months of imprisonment for habitual larceny, etc. in the Daejeon District Court’s area support, and a short of one year and six months of imprisonment, and was released on August 14, 2017 at the Kimcheon Juvenile Reformatory on parole on the execution of the sentence, and the parole period passed on November 14, 2015.

【Criminal Facts】

The Defendant is a person who is engaged in driving a string and freight vehicle B.

On July 3, 2018, the defendant driven the above cargo without obtaining a driver's license on July 13, 2018, and made a left-hand turn to the Korea Military Administration granted from the opposite side of the D convenience point that is in the zone C granted by the defendant.

At that time, the crosswalk is installed, so the person engaged in driving service has a duty of care to safely drive the crosswalk, such as reducing speed and checking well the right and the right of the road.

Nevertheless, the Defendant neglected this and neglected to turn to the left as it is, and received the body of the victim G and the victim H as the front part of the cargo vehicle from the Mamama F Contracting State to the D convenience point along the crosswalk.

After all, the Defendant suffered, by such occupational negligence, the injury to the victim G, such as a elbow blue, which requires approximately four weeks of treatment, and the left-hand lease which requires approximately six weeks of treatment to the victim H.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of G and H;

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

1. Registers of driver's licenses;

1. Each written diagnosis;

1. Previous records of judgment: Application of criminal records, investigation reports (the same records of a suspect and criminal records of a repeated crime) and other Acts and subordinate statutes;

1. Article 3 (1), the proviso to Article 3 (2) and Article 3 (6) 7 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 152 subparagraph 1 of the Road Traffic Act, and Article 43 of the Road Traffic Act concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition.

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