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(영문) 수원지방법원 2017.09.19 2017고단4284
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On April 26, 2017, the Defendant, in violation of the Road Traffic Act (unlicensed driving) driving, driven a car with C highest typ, without obtaining a driver’s license, from around about about 500 meters from the set distance from the language distance in the Gung-si, Young-si to the front road of the same Gu from around 23:30 on April 26, 201.

2. Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) is a person who is engaged in driving a car C.

On April 26, 2017, the Defendant changed the three-lanes to the three-lanes in order to change the two-lanes, while driving the three-lanes in front of the Yeongdeungpo-gu Seoul Metropolitan Government B into the two-lanes in the one-lane one elementary school from the long-distance boundary area, and then going to the two-lanes in order to change the two-lanes.

At the time, the victim D(24) driving Ei 30 passenger cars in the victim D(24) driving is proceeding as a straight line on the road. In such a case, the driver of the vehicle has a duty of care to prevent accidents by changing the course to prevent interference with the vehicle driving and driving.

Nevertheless, the Defendant neglected this and changed the lane as it is, while driving the vehicle, received i30 parts of the front part of the vehicle in front of the vehicle in front by negligence.

Ultimately, the Defendant suffered injury, such as brain-dead in which there is no wound in two parts, which require approximately three weeks of medical treatment, due to the above occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement on the occurrence of a traffic accident under DNA preparation;

1. The driver's license ledger (No. 15 in the evidence list);

1. A traffic accident report and accident site photograph;

1. Application of Acts and subordinate statutes on a written diagnosis and treatment request;

1. Article 152 Subparag. 1 of the Act on Special Cases Concerning the Settlement of Traffic Accidents, Article 152 Subparag. 1 and Article 43 of the Road Traffic Act (unlicensed Driving, Selection of Imprisonment), 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 (in the course of business and negligence, and imprisonment without prison labor).

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