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(영문) 울산지방법원 2014.04.21 2013고단2890
교통사고처리특례법위반등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a motor vehicle B.

On November 1, 2012, the Defendant driven the said car without obtaining a driver's license at around 08:30 on November 1, 2012, and led to the intersection in front of the Gyeongwon-dong, Chungcheongnam-dong, Yangsan-si, Yangyang-si, to the boundary of the South-west market at the seat of the Gu Office of Education.

At the time of attendance, the vehicle traffic is high and the above intersection is front of the child-care center. In such cases, the driver of the vehicle has a duty of care to check whether there is a motor vehicle entering the intersection in another lane and to safely drive the motor vehicle by checking it well while holding a valid driver's license.

Nevertheless, as such, the Defendant was negligent in neglecting the above duty of care while driving a motor vehicle without obtaining a driver’s license, and the victim C (the 26-year-old age) who was holding the said intersection as the front front part of the DNA M& car driven by the victim C (the 26-year-old age) who was holding the said intersection as the front part of the left-hand part of the driver’s vehicle.

As a result, the Defendant suffered injury to the victim, such as salt, tensions, etc. in need of approximately two weeks of medical treatment due to the above occupational negligence, and damaged the above Mat Motor Vehicle by KRW 5,962,275 of its repair cost.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. A related person's statement;

1. The driver's license ledger;

1. On-site photographs;

1. A medical certificate;

1. Application of the written estimate for damaged vehicles;

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, Article 151 of the Road Traffic Act, Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (the point of causing damage to property by negligence in the course of performing duties, the choice of imprisonment without prison labor), Article 152 subparagraph 1 of the Road Traffic Act

1. Of concurrent crimes, the former part of Article 37 and Article 38(1)2 of the Criminal Act are applicable;

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