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(영문) 의정부지방법원 고양지원 2017.12.08 2017고단1246
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

On March 31, 2016, the Defendant was sentenced to a suspended sentence of two years on April 1, 2016, due to a violation of road traffic law (unlicensed driving) in the Goyang Branch of the District Court, and the said judgment became final and conclusive on April 1, 2016.

The Defendant is a person who is engaged in driving of a motor vehicle B and C.

1. On December 3, 2014, the Defendant driven the said cargo vehicle without obtaining a driver’s license from approximately 5km from the Seo-gu dialogue-dong, Seoyang-gu, Seoyang-gu, Busan to the front road located in the same Sinsan-dong, U.S. in the same Sinsan-dong.

2. On December 3, 2014, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) was driving the said cargo without obtaining a driver’s license as above at a three-lane radius near the white mar calendar in the Dong-gu, U.S., U.S., in order to drive the said cargo at an insular speed in accordance with two-lanes from the direction of Pungsan to the valley.

In this case, a person engaged in driving of a motor vehicle has a duty of care to properly see the front side and the left side and the left side, and to prevent accidents by accurately manipulating the steering and brakes.

Nevertheless, the Defendant neglected to drive the vehicle at the front of the road due to the negligence of driving the vehicle at the front of the road in the direction of the Defendant (e.g., 43 years old) and received the front portion of the above cargo driving by the Defendant.

As a result, the Defendant suffered a right spawn in a way that he was aware of the number of days of treatment due to such occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. A traffic accident report;

1. Copies of medical records;

1. Application of Acts and subordinate statutes to the ledger of driver's licenses;

1. Article 152 Subparag. 1 and Article 43 of the Road Traffic Act (Unlicensed Driving and Selection of Imprisonment) concerning the facts constituting an offense, and Articles 152 Subparag. 1 and 43 of the same Act;

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