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(영문) 의정부지방법원 고양지원 2015.06.05 2015고단850
교통사고처리특례법위반등
Text

A defendant shall be punished by imprisonment for not more than ten 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

The defendant is a person who is engaged in the service of operating a cruise car.

On April 5, 2015, the Defendant driven the said car without a driver's license on April 06:5, 2015, and proceeded with the front road of the motor vehicle theater located in the luxal dong-ri at the time of the strike from the unification outlook to the legal interest slope.

In such cases, there was a duty of care to prevent accidents, such as making a person engaged in the driving of a motor vehicle well look at the front side and the left side, and accurately operating the steering and brakes, etc.

Nevertheless, the defendant neglected this and received street trees and street lamps installed on the right side of the road by negligence while driving on the roadside.

Ultimately, the Defendant suffered injury to the victim D (the age of 30) who was accompanied by the said car due to the foregoing occupational negligence, such as salt, tensions, etc. in need of treatment for about two weeks, and left the site without taking necessary measures, such as destroying the above street trees and street lamps to cover approximately KRW 2,606,294 for repair costs and confirming the degree of damage.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report;

1. Registers of driver's licenses;

1. A written diagnosis and written estimate;

1. Application of Acts and subordinate statutes to accident site and accident vehicle photographs;

1. Article 3 (1) and the proviso of Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents by Relevant Acts concerning criminal facts, Article 268 of the Criminal Act, Article 148 and Article 54 (1) of the Road Traffic Act (the point of failing to take any measure after an accident, the choice of imprisonment), subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act (the point of driving without a license and the choice of imprisonment);

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. Although there are many records of traffic regarding the grounds for sentencing under Article 62-2 of the Criminal Act, the crime of this case is committed, and the degree of the accident is disadvantageous.

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