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(영문) 대구지방법원영덕지원 2020.12.23 2020고단259
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. Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) and violation of the Road Traffic Act is the person engaged in driving cars to capture B Poter, a stable, and a cargo driver;

On May 15, 2020, the Defendant driven the above cargo without obtaining a driver's license at around 08:52 on May 15, 2020, and continued the intersection of the private distance in 268-4, i.e., Tacheon-gun, Young-gu, Chungcheongnam-do, Gyeongsan-do, by straightening it from the sloping to the territorial sea

A person engaged in driving of a motor vehicle shall not drive the motor vehicle without obtaining a driver's license, and the place was an intersection where yellow dust is operated. Therefore, the defendant was obliged to pay a duty of care to proceed after checking the traffic situation of the intersection by temporarily stopping and slowly driving prior to the entry of the straight line.

Nevertheless, the Defendant was negligent by neglecting the above duty of care without obtaining the driver’s license and driving the said intersection in the 7th national road section, which served as the front part of the victim C(Nam, 55 years old) driving, which served as the front part of the said cargo vehicle, was shocked with the front part of the said cargo vehicle.

As a result, the Defendant suffered injury to the victim, such as salt, tensions, etc. in need of approximately two weeks of medical treatment by occupational negligence as above, and at the same time damaged the car owned by the victim by approximately KRW 6,520,89.

2. Around 08:52 on May 15, 2020, the Defendant was driving B Poter truck without obtaining a driver’s license at a distance of about 15km from the front line of the Defendant’s residence located in the Gyeong-gun, Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, Gyeongbuk-gun to the intersection of approximately 15km.

Summary of Evidence

1. Defendant's legal statement;

1. Each investigation report to C by the police statement, each internal investigation report, each traffic accident report, the actual situation investigation report, and each red inquiry.

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