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(영문) 대구지방법원 영덕지원 2019.11.27 2019고단131
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for not less than eight 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

1. The defendant is in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury).

On July 12, 2019, the Defendant driven the above cargo without obtaining a driver's license on July 11, 2019, and led to an intersection of 260 Gyeongbuk-gun, Hongbuk-do, to proceed at a speed of about 40 km from the wind complex to the west.

The location is a road without a vehicle line, where the defendant's driving of the victim C (n, 62 years old) was operated from the west side to the wind power complex. In such a case, the driver of the motor vehicle has a duty of care to prevent accidents in advance by accurately operating the steering gear and driving it to the right side of the road.

Nevertheless, the Defendant neglected this and operated the above cargo vehicle to the right side of the above road without driving it to the middle of the above road, and the part on the left side of the victim's driving was taken into account as the part on the front side of the above cargo driving by the Defendant.

Ultimately, the Defendant suffered injury, such as duplicating three cupages, which caused the victim to receive approximately four weeks of medical treatment due to such occupational negligence.

2. The Defendant violated the Road Traffic Act (unlicensed driving) without obtaining a driver’s license at the time and place specified in paragraph (1) and driving the freight specified in paragraph (1) at approximately 100 meters.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Investigation report (in respect of driving without a license of a suspect),

1. Reports on the occurrence of traffic accidents, actual survey reports, the ledger of driver's licenses for motor vehicles, and car checking;

1. A medical certificate;

1. Application of the Acts and subordinate statutes on photographs and CCTV video CDs;

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, Article 268 of the Road Traffic Act, and the Road Traffic Act.

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