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(영문) 창원지방법원 마산지원 2019.07.16 2019고단237
교통사고처리특례법위반(치상)등
Text

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

Reasons

Punishment of the crime

On December 13, 2017, the Defendant was sentenced to eight months of imprisonment for violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) in the Changwon District Court's Msan Branch, and completed the execution of the sentence in the Changwon Prison on August 19, 2018.

On December 18, 2018, the Defendant, without a driver's license, driven a car for Bschton, driven a car without a driver's license for a motor vehicle, and driven the Dysnthe road front of the Dysthem distance in C of Changwon-si, Changwon-si, the Defendant driven from the direction of the E market to the Dys.

At this point, a person engaged in the driving of motor vehicles at a large place of ordinary traffic has a duty of care to prevent accidents by accurately manipulating the steering side and the steering system and to prevent accidents.

Nevertheless, the Defendant neglected to do so and followed the part of the Victim F (the age of 58)'s right shouldered behind the vehicle parked on the right side of the Defendant's running direction by the negligence of the Defendant's driving, which led to the collision of the right side of the Defendant's driving vehicle.

As a result, the Defendant suffered injury to the victim, such as satise salt, etc., which requires approximately two weeks of medical treatment, due to such occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report;

1. Photographs of the accident site;

1. A written statement;

1. A medical certificate;

1. Registers of driver's licenses;

1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports (revolving repeated crimes and confirmation) and Acts and subordinate statutes;

1. Article 3 (1) and the proviso of Article 3 (2) and (7) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 152 subparagraph 1 of the Road Traffic Act, and Article 43 of the Road Traffic Act concerning facts constituting an offense;

1. Article 35 of the Criminal Act among repeated crimes;

1. Of concurrent crimes, the former part of Article 37, and Articles 38(1)2 and (2), and 50 of the Criminal Act [limited to imprisonment for concurrent crimes within the scope of adding up the long-term punishment as provided for in the Act on Special Cases concerning the Settlement of Traffic Accidents with heavy punishment (the penalty shall be added up to the sum of the maximum punishment as provided for in the

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