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(영문) 대구지방법원 서부지원 2018.10.31 2018고단896
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

1. The Defendant violating the Act on Special Cases concerning the Settlement of Traffic Accidents is a person who is engaged in driving a B-cricking car.

around 18:10 on March 15, 2018, the Defendant driven the said car without a driver’s license, and led to a report in front of the Saemaul Treasury, which was located in 82 in Seogugu-gu, Seo-gu, to go back from the front of the Saemaul Treasury’s entrance to the front of the month.

At the time, the report on the rear side of the said car was passed by the victim C (at the age of 74). In such a case, the driver of the vehicle has a duty of care to stop temporarily immediately before crossing the sidewalk to the driver of the vehicle, so that the left side and the right side part, etc. are not interfered with pedestrians' walking, thereby safely driving the vehicle so as not to interfere with pedestrians' walking.

Nevertheless, the Defendant neglected to do so and proceeded as it is, but the Defendant was her part of the back part of the said car, which was her her butt with the victim’s her butt.

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

2. On March 15, 2018, the Defendant was driving a Korean-style cruise car without obtaining a driver’s license on a section of approximately 400 meters from the front of the 16-lane, Seo-gu, Daegu-gu, Seo-gu, Seoul-gu, to the front of the Saemaul Undong Treasury’s entrance, which is located on the 5-lane, from the 16-lane, Seo-gu, Seo-gu, Seoul-gu, Seoul-gu, to the front of the 400-lane, without obtaining a driver’s license.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A report on the occurrence of a traffic accident and a report on actual investigation;

1. The driver's license ledger;

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

1. Article 3 (1), the proviso to Article 3 (2) 7 and 9 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 152 subparagraph 1 and Article 43 of the Road Traffic Act concerning criminal facts;

1. The former part of Article 37 of the Criminal Code, Article 38(1)2 and 38(2) of the Criminal Code, which aggravated concurrent crimes.

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