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(영문) 수원지방법원 2018.10.05 2018고단2480
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

Reasons

Punishment of the crime

[Criminal record] The Defendant was sentenced to a suspended sentence of two years on November 16, 2017 in the Daejeon District Court on November 8, 2017 to a crime of obstructing bodily injury and the performance of official duties, and the judgment became final and conclusive on November 16, 2017.

[Criminal facts]

1. On September 25, 2017, the Defendant violated the Road Traffic Act (unlicensed driving) driving a motor vehicle without a driver’s license in the section of approximately 1.5 km from the front of the her mother line to the Filient Underground Road, which is located in the Suchip Transferdong at Suwon-si, Suwon-si, the Defendant driven the motor vehicle without obtaining a driver’s license in the section of approximately 1.5 km from the front of the her mother line to the Filiwon Underground Road in the area of the Suchip Road.

2. On September 25, 2017, the Defendant violated the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) and the Road Traffic Act (hereinafter referred to as the “Act”) and on September 10:15, 2017, the Defendant passed one lane between the two-lanes from the surface of the shooting distance of the Sejong Island to the transfer distance.

Since there was a road in the underground roadway, in such a case, a person engaged in driving of a motor vehicle has a duty of care to properly operate the steering gear and brake system of the motor vehicle and to safely operate the motor vehicle.

Nevertheless, the defendant did not properly look at the steering gear and brakes of the vehicle without obtaining a driver's license as set forth in the above paragraph 1 and did not properly operate the steering gear and brakes of the vehicle, and the defendant was negligent in driving the part of the victim D (55 years old) CA 110 two-wheeled vehicle which was parked in front of the vehicle in front of the vehicle in front of the vehicle in front of the defendant's driving, and the above two-wheeled the vehicle in front of the driver's license, and the victim F (55 years old) driving of the victim F (5 years old) who was parked in front of the vehicle in front of the two-wheeled vehicle.

Ultimately, the Defendant, by such occupational negligence as above, suffered bodily injury, such as 12 chests, 1 dunes, etc., which requires approximately 12 weeks medical treatment to the above victim D, and the victim F and Coins, as well.

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