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(영문) 대전지방법원 2018.04.12 2018고단560
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On January 11, 2018, the Defendant violated the Road Traffic Act (unlicensed driving) driving a GM7 car at a section of about 500 meters from the front of the Seo-gu Daejeon apartment to the front four-distance Intersection of the F Hospital located in Daejeon Seo-gu, Daejeon, without obtaining a driver’s license, on January 11, 2018.

2. The defendant, who violated the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) is a person engaging in driving a vehicle as set forth in paragraph 1 above.

Defendant 1 driven the said car without obtaining a driver’s license on the day set forth in paragraph 1 of the above paragraph, and was driving the said car into a four-distance intersection in front of the F Hospital in Seo-gu Daejeon, Seo-gu, Daejeon, and continued to drive the said car into a D apartment room from the matb off.

Since there is an intersection that is not supported by traffic control, there was a duty of care to check whether a person engaged in driving a motor vehicle has entered the intersection first by reducing the speed or temporarily stopping the motor vehicle, and to check and drive the motor vehicle.

Nevertheless, the Defendant neglected to do so and received the left-hand part of the victim H(44) driver's CA100 Orala, which was proceeding on the left-hand side of the proceeding direction by negligence, from the left-hand side of the proceeding direction.

Ultimately, the Defendant caused the victim H to suffer a shoulder and a bruption in need of approximately two weeks of treatment due to the above occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with H;

1. A medical certificate;

1. Application of Acts and subordinate statutes to the Motor Vehicle Report (1) (2), on-site photographs of accidents, and the Motor Vehicle Driver's License Register;

1. Relevant Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, Article 268 of the Criminal Act (the occupation and loss of duties, the choice of imprisonment without prison labor), subparagraph 1 of Article 152 of the Road Traffic Act, and Article 43 of the Road Traffic Act (the occupation of unauthorized driving, the selection of imprisonment with prison labor) concerning criminal facts;

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 38 (2), and 50 of the said Act for the increase of concurrent crimes;

1. The Criminal Act, the suspension of execution;

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