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(영문) 대전지방법원 논산지원 2015.07.28 2015고단183
교통사고처리특례법위반등
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 is a person who is engaged in driving a B Poter freight vehicle.

On February 6, 2015, the Defendant driven the above cargo without obtaining a driver's license on February 6, 2015, and led to the left-hand turn from the king-ri side of the livestock cooperative, which is located in the Chungcheongnam-do, Chungcheongnam-do, Chungcheongnam-do.

At the time, since it is an intersection that is night and is not a traffic control at that time, a person engaged in driving a motor vehicle has a duty of care to safely drive the motor vehicle by reducing the speed prior to entering the intersection and by checking well the right and the left and right of the route.

Nevertheless, the Defendant neglected to turn to the left without neglecting this, and led the victim D (the age of 38) driven by the victim D (the age of 38) who was going to the king-ri from the right edge of the Mad-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-party

As a result, the Defendant suffered injury to the victim, such as scarcity, which requires approximately four weeks of medical treatment due to the above occupational negligence.

2. On February 6, 2015, at around 20:10, the Defendant driven the freight vehicles listed in paragraph 1 without obtaining a driver’s license from approximately 2 km section from around 92 meters to the roads of the Haak-gun, Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do, to the roads of the Haak-gun, Chungcheongnam-do.

Summary of Evidence

1. Statement by the defendant in court;

1. Police suspect interrogation protocol of the accused;

1. Written statements prepared by D;

1. Application of Acts and subordinate statutes to a traffic accident report, actual situation investigation report, diagnostic certificate, vehicle accident investigation report, ledger of driver's licenses for automobiles, and disqualified for the main office;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents in the Selection of Punishment, Article 268 of the Criminal Act, subparagraph 1 of Article 152 of the Road Traffic Act, and Articles 43 of the Road Traffic Act;

2. Of concurrent crimes, punishment under the former part of Article 37, Article 38(1)2 and Article 38(2) and Article 50 of the Criminal Act shall be added.

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