(영문) 전주지방법원 정읍지원 2012.09.27 2012고단330

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(영문) 전주지방법원 정읍지원 2012.09.27 2012고단330

교통사고처리특례법위반등

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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 of B Poter cargo vehicles.

On May 4, 2012, the Defendant was driving the said cargo without a driver’s license at around 19:20 on May 4, 2012, and continued to turn to the left at the “eworrith of an Eup vehicle” side of the “eworrith of an Eup/Myeon” in front of the “eworrith of an Eup/Myeon.”

Since there are many houses, there were many pedestrians, the driver of the motor vehicle had a duty of care to prevent accidents in advance by thoroughly operating the steering gear and brakes thoroughly and properly manipulating the steering gear.

Nevertheless, the Defendant did not discover the victim C (the age of 84) who was in the front section of the vehicle due to the negligence of driving the vehicle without obtaining the driver's license and did not discover the victim C (the age of 84) and was on the front section of the cargo vehicle.

Ultimately, the Defendant suffered injury to the victim due to the above occupational negligence, such as the lower body of the left-hand side and the bones of Trade Union and Labor Relations Commission, for six weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of D police statement;

1. The actual condition survey report;

1. A medical certificate;

1. Application of Acts and subordinate statutes to the driving license ledger;

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

1. The crime of this case on the grounds of sentencing under the former part of Article 37, Article 38(1)2 and (2) and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes is committed by the Defendant without a driver’s license, and the Defendant suffered injury requiring medical treatment for about six weeks by shocking the old victim while driving without a driver’s license. As such, the Defendant’s negligence and the victim’s injury are serious, and the Defendant did not reach an agreement with the victim, taking into account the following factors:

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