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(영문) 수원지방법원 성남지원 2018.05.28 2018고단517
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 a car B K5 car.

On September 26, 2017, the Defendant driven the said vehicle without obtaining a driver's license of the said vehicle at around 19:40 on September 26, 2017, and continued to drive the said vehicle on the road front of the SKT branch located in the Sinnam-si of Gyeonggi-gu.

At the time of night, as a person engaged in driving duty was at night, there was a duty of care to check the safety of the way by checking well the right and the right before moving back, and to move back safely.

Nevertheless, the Defendant’s negligence, without obtaining a driver’s license and neglecting the above duty of care, led to the Defendant’s failure to perform the above duty of care, and caused the part of the victim C(36 tax) crossing the road to the right edge of the road.

Ultimately, the Defendant suffered injury to the victim, such as salt, tension, etc., in need of approximately two weeks of treatment due to occupational negligence.

2. On the date and time set forth in paragraph 1, the Defendant driven the said vehicle without obtaining a driver’s license from the Do in front of the new town located in the Dong-dong located in the Dong-dong branch of the Gyeonggi-nam-si to the front road of the SKT branch of the 3km-dong located in the Dong-dong branch of the Gyeonggi-do.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of the occurrence of a traffic accident C;

1. A medical certificate;

1. The actual investigation report on traffic accidents;

1. Application of statutes regarding driver's license;

1. Article 3 (1) and the proviso to Article 3 (2) 7 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act (the occupation of a person causing occupational negligence, the choice of a imprisonment without prison labor), Article 152 subparagraph 1 and Article 43 of the Road Traffic Act concerning facts constituting an offense (the occupation of driving without a license, and the choice of imprisonment with prison labor);

1. Crimes provided for in the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the Criminal Act (any injury or injury caused by a violation of the Act on Special Cases concerning the Settlement of Traffic Accidents, whichever punishment is heavier).

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