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(영문) 서울중앙지방법원 2014.08.13 2014고단3137
교통사고처리특례법위반등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around 19:45 on February 17, 2014, the Defendant was driving a two-wheeled vehicle at C 250CC 250 without obtaining a Class 2 driver’s license from the 4km front of the trade name in Seocho-gu Seoul Metropolitan Air Force, Seocho-gu to the 223rd roads.

2. On February 17, 2014, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents: (a) driving a two-wheeled vehicle as set forth in paragraph (1) above; (b) driving the two-wheeled vehicle as set forth in paragraph (1); and (c) driving the two-dimensional road in front of the two hundred and twenty-three street in the Nowon-gu Seoul Metropolitan Government Nowon-gu

Since there is a crosswalk in which a signal, etc. is installed, there was a duty of care to safely drive the vehicle after checking whether there is a person who gets on a crosswalk by reducing the speed and by properly examining the right and the right and the right of the driver.

Nevertheless, the defendant, as stated in the above paragraph (1), driven without properly examining the front side while driving a motor vehicle without obtaining a driver's license, caused the victim D (the age of 69) who dried the above crosswalk from the right side to the left side of the above two-wheeled vehicle, and caused the victim to go beyond the floor.

As a result, the Defendant suffered from the victim’s occupational negligence, such as the so-called 12 weeks left-hand abandonment, which requires medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the occurrence of D traffic accidents;

1. Reports (1), (2) on traffic accidents;

1. Registers of driver's licenses;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 152 subparagraph 1 of Article 152 of the Road Traffic Act, Article 43 of the Act on Special Cases concerning the Settlement of Traffic Accidents, 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, the applicable provision concerning criminal facts, the selection of punishment for imprisonment without prison labor,

1. Of concurrent crimes, the former part of Article 37, Article 38(1)2 and (2) and Article 50 of the Criminal Act shall be aggregated with the long-term punishment for the crimes of Article 50 of the Criminal Act;

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