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(영문) 대구지방법원 포항지원 2013.09.05 2013고단615
교통사고처리특례법위반등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On April 28, 2013, at around 18:40, the Defendant driven a car B Ethmp car without a driver’s license, and continued to drive a three-lane road in front of the “SaS Steel” located in the North-gu Seoul Metropolitan City, Gyeonggi-do at the port of port along the two-lanes from the south East ICT.

A driver of a motor vehicle has a duty of care to properly operate the brakes by properly operating the brakes, while maintaining the safety distance.

Nevertheless, the Defendant neglected to do so and shocked the part behind the victim CE driver’s DNA observer, which was driven by the Defendant, with the top part of the above CE driver’s vehicle in front of the above CE driver’s vehicle, and due to the shock, the above ES driver’s vehicle shocked behind the left part of the victim ES driver’s car in front of the left part.

Ultimately, the Defendant by occupational negligence inflicted injury on the victim C, who is a driver of the said observer car, such as salt ties and tensions that require approximately two weeks of treatment on the part of the passenger car, and inflicted injury on the victim E, who is a driver of the said observer car, such as salt ties and tensions that require approximately two weeks of treatment on the part of the passenger car, and suffered injury on the part of the victim H, who is the passenger of the said car, for approximately two days of treatment on the part of the passenger car, such as salt ties and tensions of the dog that require approximately two-day treatment on the part of the passenger car.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C and E;

1. The actual survey report on traffic accidents;

1. Each medical certificate and each written confirmation of treatment;

1. Application of the photographic Acts and subordinate statutes;

1. Article 3 (1) and the proviso of Article 3 (2) of the Act on Special Cases concerning the Handling of Traffic Accidents by Relevant Acts concerning criminal facts, Article 268 of the Criminal Act, subparagraph 1 of Article 152 of the Road Traffic Act, and Article 43 of the Road Traffic Act;

1. Each of Articles 40 and 50 of the Criminal Code of Trade and Trade.

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