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(영문) 수원지방법원 평택지원 2019.08.22 2019고단209
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment with prison labor for four months.

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a B-Adi A6 car.

On October 29, 2018, the Defendant, without obtaining a driver's license at around 20:46 on October 29, 2018, operated the said car that was not covered by mandatory insurance, and led the Defendant to drive the said car with two-lanes of the lupture 43-15, the lupture of the lupture lup road, which is located in the lupture 43-15.

At the time, the driver's license is at night, and as the DSS5 car driven by the victim C(the age of 39) was stopped under the new subparagraph, there was a duty of care to consider the situation of the car to the person engaged in driving business and to safely drive the car so as not to conflict with the above car.

Nevertheless, the Defendant neglected this and found the remainder of the car in a mobile phone with the cell phone at the latest, and failed to properly operate the operation system, and received the back part of the car as the front part of the car.

Ultimately, the Defendant suffered injury to the victim, such as salt and tensions that require approximately two weeks of medical treatment due to occupational negligence as above, and at the same time, damaged the above MF5 vehicles to the extent that the repair cost, such as exchange of fluors, was KRW 3,126,540, such as exchange of fluors.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. The actual condition survey report;

1. The driver's license ledger;

1. Application of Acts and subordinate statutes to a written diagnosis and estimate;

1. Article 152 subparagraph 1 of the Road Traffic Act, Article 43 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 3 (1), the proviso to Article 3 (2) and Article 3 (7) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 151 of the Road Traffic Act, Article 46 (2) 2 and Article 8 of the Guarantee of Automobile Accident Compensation Act concerning the crime;

1. Articles 40 and 50 of the Criminal Act, punishment of imprisonment without prison labor and choice of imprisonment;

1. Of concurrent crimes, the former part of Article 37 and Article 38(1)2 of the Criminal Act are applicable;

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