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(영문) 부산지방법원 동부지원 2017.03.29 2016고단2604
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On November 4, 2016, the Defendant is a driver of B Carrens Cor, and on November 18:40, the Defendant, without obtaining a driver’s license for a motor vehicle, passed two lanes ahead of the monthly intersection in Busan-gun’s Articles of Incorporation at a non-speed speed depending on the epo-dong epo-section, from the epo-dong epo-section at an intersection at a monthly intersection.

In such cases, a driver of a motor vehicle has a duty of care to prevent accidents by accurately manipulating the steering direction and brakes, etc. in a way that well sees the right and the right and the right and the right and the right and the right and duty of care.

Nevertheless, the Defendant neglected to drive his vehicle at the front of the vehicle at the victim C (41 S) driver's 1 ton of the cargo vehicle of the victim C (41 S) who was under a stop pursuant to the new subparagraph at the front of the vehicle due to his negligence, and caused the victim E (32 S) driver's vehicle which was under a stop at the front of the said vehicle due to his shock to get the back of the passenger vehicle of the victim E (32 S) driver's vehicle which was under a stop at the front of the said vehicle.

As a result, the Defendant suffered, by negligence, the injury to the pertinent C, such as a salt fluor, which requires approximately two weeks of medical treatment, and the injury to the said E, such as salt fluor, tension, etc. requiring approximately two weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of E and C preparation;

1. The application of Acts and subordinate statutes on the actual condition of traffic accidents, investigation reports (limited to attachment to a medical certificate and estimate), and the register of driver's licenses;

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents under the relevant Act concerning the facts constituting an offense, Article 268 of the Criminal Act, Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving)

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment without prison labor or imprisonment without prison labor;

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

1. Article 62 (1) of the Criminal Act on the stay of execution (The following sentencing shall be taken into consideration in favor of the people in mind):

1. Order to attend lectures or order to provide community service;

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