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(영문) 광주지방법원 2015.04.28 2014고단4880
교통사고처리특례법위반등
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 of the final judgment.

Reasons

Punishment of the crime

On November 4, 2014, the Defendant is a person who is engaged in driving a car in Cdota Camp, and operated the said vehicle without a driver’s license on November 4, 2014, and led to the intersection of the shooting distance in front of the Jeonnam High School, which is located in the Seo-gu Standing Park, Seo-gu, Gwangju, to the direction of Kim large-cencencing in the east Building.

Despite the fact that the color destruction, etc. was turned on on the lane of the running direction at the time, the defendant's occupational negligence, which did not live in the surrounding area and carried out the intersection from the right side of the defendant's running direction to the left side of the victim D (in this case, 44 years old) who was driving at the victim D (in this case, the left side of the driver's vehicle) was shocked by the defendant's driving on the right side of the vehicle.

Ultimately, the Defendant, by such occupational negligence, sustained injury to the said D, such as light dump dump, which requires a two-day medical treatment, and injury to the victim F (the age of 37) who was aboard the Defendant’s driver’s vehicle, such as cump dump, tensions, etc. which requires a three-day medical treatment, and injury to the victim G (the age of 41) about L2-L3 dump dump, which requires a six-day medical treatment, and injury to the victim H (the age of 40), such as light dump dump, tensions, etc. which requires a two-month medical treatment. At the same time, the Defendant damaged the victim’s E vehicle owned by the victim I by the amount of KRW 7,143,988.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police suspect interrogation protocol against the accused;

1. Written statements of D;

1. Investigation report (report on ascertaining whether to deal with insurance policies for suspects);

1. An initial and actual survey report on the traffic accident site;

1. The register of driver's licenses and the register of car cars (E);

1. Each written diagnosis and written estimate of the cost of repairing insurance;

1. Application of Acts and subordinate statutes on site photographs and photographs of accident situations;

1. Article applicable to criminal facts;

(a) Injury caused by occupational negligence: Article 3(1), proviso of Article 3(2)1 and 7 of the Act on Special Cases concerning the Settlement of Traffic Accidents, and Article 268 of the Criminal Act.

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