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(영문) 부산지방법원 동부지원 2017.07.05 2017고단950
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On April 21, 2017, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents is a person who is engaged in driving of a vehicle with B low-speed car. On April 21, 2017, the Defendant driven the said vehicle without obtaining a driver’s license, and led the vehicle to the speed of about 5 km to the speed of about the speed of 5 km from the front side of the Dong community service center located adjacent to the Busan National Peace-ro 24, North-gu, Busan.

At all times, the crosswalk was installed on the front door, so in such a case, there was a duty of care to safely drive an accident, such as checking whether there is a person who is engaged in driving duty by checking the front door and the right and the right and the right and the right and the right and the right of the driver, and operating it safely and to prevent the accident from being delayed.

Nevertheless, the Defendant neglected to do so and neglected to proceed, and thereby, got the victim C (the age of 73) who was standing on the left side of the road from the right side of the Defendant’s proceeding to the right side of the said vehicle.

Ultimately, the Defendant suffered injury to the victim, such as an open frame at the bottom of the Bridge, which was accompanied by the lower body of the 12 week left-hand aggregates, in light of the foregoing occupational negligence.

2. The Defendant violated the Road Traffic Act (unlicensed driving) without obtaining a driver’s license, driven a vehicle with B, from a 46-day-ro 38 p.m., the Nam-gu, Busan, the U.S. P. on the same day to a 150-meter radius from the 150-meter road to the next side of the Dong community service center located in the Nam-gu, Busan, U.S. peace-ro 24.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements prepared in D;

1. Application of Acts and subordinate statutes to a traffic accident report, accident scene photograph, traffic accident occurrence report, driver's license ledger, diagnosis certificate, medical opinion, investigation report (with respect to attachment of black stuffs by a vehicle subject to investigation);

1. Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and the Selection of Punishment, Article 3(2) proviso, Articles 6 and 7 of the Act on Special Cases concerning the Settlement of Traffic Accidents, and the Criminal Act.

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