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(영문) 대구지방법원 2017.12.21 2016고단5635
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

1. Violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) is a person who is engaged in driving of the last passenger car in B.

On February 10, 2016, the Defendant driven the said car without obtaining a driver’s license of the said car, and driven the said car along the two-lanes from the Daegu to the Chuncheon on the road of 121km away from the central expressway in the west-gun, the west-gun, Sim-do.

In such cases, the driver had a duty of care to prevent accidents in advance by safely driving the former, the latter, and the left and right.

Nevertheless, the Defendant neglected to do so and neglected to do so and proceeded on the front day of the road, and neglected to do so, caused the victim C (Y, 39 years old)'s driving on the front day of the road, followed the car by the victim C (Y, and 39 years old)'s driving, and received the part on the front day of the front day of the car of the Defendant's driving.

Ultimately, the Defendant suffered, by these occupational negligence, the injury to the victim C of a shoulder that requires approximately 2 weeks of medical treatment, and the victim E (V, 38 years of age) who was accompanied by the said rocketing car with approximately 2 weeks of medical treatment.

2. On February 12:35, 2016, the Defendant, without obtaining a driver’s license of a motor vehicle, driven the front line of the Dongcheon-gu, Daegu-gu, Incheon-do, from the front line of the Dongcheon-do to the 121km point of the Central Highway Road Traffic Line 121km from the border line of the Central Highway, which is located in the Dongcheon-gu, Daegu-do, Chungcheongnam-do.

Summary of Evidence

1. A protocol concerning the interrogation of each police suspect against the accused;

1. A traffic accident report;

1. A written statement on the occurrence of traffic accidents;

1. Each written diagnosis;

1. The driver's license ledger;

1. Application of the statutes on the revocation of driver license

1. Article 3(1) of the Act on Special Cases Concerning the Settlement of Traffic Accidents, Article 3(2) proviso 7 of the Act on Special Cases Concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act (the occupation on duty and on duty).

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