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(영문) 대구지방법원 포항지원 2018.11.14 2018고단986
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for six 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

The defendant is a person who is engaged in the driver's duty of freight B and B.

1. On August 10, 2018, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) was driving the said cargo without a driver’s license on August 10, 2018, and was stopping on the right side of the two-lanes in front D in south-gu C at the port of port, and entered the two-lanes from the two-lane to the opposite lane.

At the time, the Fpoter Ⅱ trucked by the victim E (61) was driving along the above road. In such a case, there was a duty of care to prevent accidents in advance by operating direction, etc. to the person engaged in driving a motor vehicle, giving notice of change of course, and changing the lane safely by safely considering the traffic situation at right and right and right and right.

Nevertheless, the Defendant neglected this and got the victim's right-hand side of the cargo loaded on the cargo of the Defendant as the left-hand side of the cargo of the victim due to the negligence of changing the course into one lane as it is while driving without a license.

After all, the defendant suffered injury to the victim by negligence of the above business, such as the right sleep, which requires approximately two weeks of treatment.

2. The Defendant violated the Road Traffic Act (unlicensed Driving) driven a B-II cargo vehicle without obtaining a driver’s license in the section of approximately five meters of the front road located in South-gu, Southern-gu, at the port of port at the time specified in paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A traffic accident report, a survey report, and an accident scene photograph;

1. The driver's license ledger;

1. Application of Acts and subordinate statutes of a medical certificate;

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 Code, and Article 38.

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