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(영문) 인천지방법원 2019.03.27 2019고단394
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

Criminal facts

1. Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) by the Defendant is a person engaging in driving a rocketing or other car.

On November 25, 2018, the Defendant driven the said car without obtaining a driver's license on November 25, 2018, and continued to drive the said car at a speed of 407 km from the Gannam-si to the Busan west-si.

A driver of a vehicle has a duty of care to ensure safety distance for those who are engaged in driving service and to safely drive the vehicle by accurately manipulating the front line, steering system, operation system, etc.

Nevertheless, the Defendant neglected to do so and followed the Defendant’s negligence on the right side of the victim C(53 years old) driving in the same direction two lanes from the right side of the Defendant’s rocketing car. The lower part of the victim C(53 years old) rocketing taxi was shocked into the right side of the said rocketing car.

As a result, the Defendant suffered injury to the victim C, such as a feling of 3 parts of L3, which requires approximately 12 weeks of medical treatment, and injury to the victim E (V, 28 years of age) who was accompanied by the victim C driver taxi by the said occupational negligence, for about 3 weeks of medical treatment.

2. The Defendant, on the date and time specified in paragraph 1, driven the rocketing car from approximately 40 km to the point of Busan metropolitan direction of the Gyeong-do Highway located in Sungnam-si, Busan, without a driver’s license, at the end of 40 km.

Summary of Evidence

1. Statement by the defendant in court;

1. Police statements prepared C;

1. The actual condition survey report;

1. Registers of driver's licenses;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Violation of the relevant Act on Special Cases concerning the Settlement of Traffic Accidents: Violation of the relevant Act on Special Cases concerning the Settlement of Traffic Accidents: Violation of Article 3 (1), the proviso to Article 3 (2) and Article 3 (7) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Article 268 of the Criminal Act;

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