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(영문) 인천지방법원 부천지원 2017.06.29 2017고단1075
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

On April 27, 2017, around 07:55, the Defendant driven a three-laned road in front of the heart high-speed distance of 189, a two-lane (189), without a driver's license, and moved bypassing the three-lane of the above road from the southwest side of the river to the telephone station shooting distance. Since there were automobiles driving ahead of the above road at the time, the Defendant was negligent in performing driving of the vehicle, despite the duty of care to ensure safety distance to avoid collision with the vehicle ahead, and to operate the vehicle safely, the Defendant got the victim's Do (55 years old) driving vehicle ahead of the above three-lane to the right-hand side of the road, and caused the victim's fright-hand side of the said road to undergo treatment of the said vehicle by taking the victim's front and the above part of the vehicle to the right-hand side of the pedestrian crossing (the above part of the vehicle to be driven by the victim's front and the above part of the vehicle to the right-hand side of the road.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement statement with D or F (List 11,15);

1. A survey report (List 4), each medical certificate (List 9, 14), and the ledger of driver's licenses for motor vehicles (List 17);

1. Application of Acts and subordinate statutes of each photograph (list 5, 6);

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

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

1. Punishment of imprisonment without prison labor for a crime violating the Act on Special Cases concerning the Settlement of Traffic Accidents at the Time, and imprisonment with prison labor for a violation of Road Traffic Act;

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