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(영문) 의정부지방법원 2016.11.11 2016고단3810
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

Punishment of the crime

1. The Defendant in violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents is a person who is engaged in driving a C non-Stop vehicle.

On August 31, 2016, at around 16:28, the Defendant driven the said car without obtaining a driver’s license, and proceeded to the left at a speed of about 10-20 K km at a speed of about 7-20 K km in front of the fixed distance from the front side of the Yongsan-gu, Jyang-do, Jin-do, Jin-do, Jin-do, and the left at the speed of about 10-20 K at an underground parking lot.

In such cases, the driver of a motor vehicle shall obtain a driver's license issued by the Commissioner of each City/Do Police Agency, and when a pedestrian passes the crosswalk, he/she has a duty of care to temporarily stop in front of the crosswalk and send the pedestrian first, check the safety of the pedestrian, and prevent the accident in advance.

Nevertheless, the Defendant neglected to turn to the left without neglecting this, and the victim D (69 years of age, female) walking on the left side of the crosswalk from the right side of the proceeding direction to the left side of the crosswalk was shocked by the front side of the Defendant’s driving vehicle.

As a result, the Defendant suffered injury to the victim due to the above occupational negligence, such as the internal part of the body, the body, the body, and the body, the body, the body, and the body of the victim.

2. Violation of the Road Traffic Act (Unlicensed Driving) provided that the Defendant driven the said C non-owned vehicle without obtaining a driver’s license in a section of about 100 meters from the front day of the Jinyang-si parking lot of Jinyang-gu, Jinyang-do to the front day of the Jinyang-do, Jinsan-do, Jinnyang-do, Jinnam-do, Jinnyang-do, Seoul, without obtaining a driver’s license.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report and accident site photograph;

1. Report on internal investigation (verification of the receipt of medical certificate and insurance for vehicles under consideration);

1. Application of the statutes on the register of driver's licenses;

1. Article 3 (1), (2) (proviso) 6 and 7 of the Act on Special Cases concerning the Settlement of Traffic Accidents and Special Cases concerning the Selection of Punishment, Article 268 of the Criminal Act concerning criminal facts, and Article 268 of the Criminal Act;

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