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(영문) 창원지방법원 2017.05.10 2017고단248
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 violated the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) was a person driving a motor vehicle with the highest typoid, and the Defendant driven the said motor vehicle without obtaining a driver’s license around November 21, 2016, and driven the said motor vehicle at around 19:05, while driving the motor vehicle at around 76:34,00,00 an intersection of the shooting distance in front of the Sejong apartment, which was 334,00,000, from the intersection of the front of the Sejong apartment at the time of Kimhae-si, Kim Jong-si

In this case, a driver of a motor vehicle has a duty of care to take the front side and left side well and to accurately manipulate the steering and brakes so as to prevent accidents.

Nevertheless, when the Defendant neglected this and did not drive safely, such as not operating a boom while operating a boom, etc., the Defendant found the Defendant’s bicycle, which first entered the intersection from the front door of the third apartment house in this Part of the running direction of the car at the end of the car at the end of the victim C (W, 23 years old), and received the victim’s bicycle’s right-hand part in front of the left side of the car at the end of the car.

Ultimately, the Defendant suffered injury to the victim, such as cutting down knenee bones, which requires approximately 12 weeks of treatment, due to such occupational negligence.

2. The Defendant violated the Road Traffic Act (unlicensed driving) driving a vehicle without obtaining a driver’s license, driving the vehicle at approximately 30 km in front of the Defendant’s house located in Kim Jong-si, Kim Jong-si at the above day.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A medical certificate (C) or a medical statement (whether serious injury is inflicted);

1. A survey report on actual conditions;

1. The driver's license ledger (A);

1. Application of Acts and subordinate statutes governing accident scene photographs;

1. Article 3(1) and the proviso of Article 3(2)7 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act (the occupational and de facto occupation, the choice of imprisonment without prison labor), Article 152 Subparag. 1 and Article 43 of the Road Traffic Act (the non-licensed driving point, the choice of imprisonment with prison labor) concerning criminal facts.

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