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(영문) 대구지방법원 서부지원 2019.10.17 2019고단101
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

[Criminal Power] On January 9, 2019, the Defendant was sentenced to imprisonment with prison labor for six months and two years of suspended execution for a violation of the Road Traffic Act in the Seo-gu District Court Branch of the Daegu District Court for the crime of violation of the Road Traffic Act, and the judgment became final and conclusive on January 17, 2019.

【Criminal Facts】

1. The defendant is a person who is engaged in driving a marina vehicle B in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents;

On December 8, 2018, the Defendant driven the above vehicle on the 15:28th day of December, 2018, while driving the three-lanes on the 4-lanes in front of the Seogu Seo-gu, Daegu, the Defendant driven the three-lanes from the west-gu IC.

In such a case, a person engaged in driving a motor vehicle has a duty of care to prevent accidents in advance by thoroughly driving the front door, and maintaining the appropriate distance from the motor vehicle above, but the defendant neglected his duty of care in front of the front door without obtaining the driver's license, and due to negligence in the course of business, which did not maintain the appropriate safe distance, led the motor vehicle to the front end part of the motor vehicle of the defendant, while driving a motor vehicle prior to the front end on the front end, and received a part of the motor vehicle following the Eone Star (56 years old) drive in front of the motor vehicle in front.

Ultimately, the Defendant suffered injury to the Victim F (V, 52) who was the passenger of the victimized vehicle due to the above occupational negligence, such as dump dump dump sump, which requires approximately two weeks of medical treatment to the Victim G (V, 47 years of age), H (V, 45 years of age), and I (52 years of age), respectively.

2. On December 8, 2018, the Defendant violated the Road Traffic Act (free license) driving of the motor vehicle described in paragraph (1) from the front of K in the Seo-gu J of Daegu to the front of the same Gu, without obtaining a driver’s license, on December 15:28, 2018.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Investigation report (investigation into statements made by passengers aboard a victim vehicle);

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

1. The register of driver's licenses;

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