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(영문) 춘천지방법원 2015.05.28 2015고단261
교통사고처리특례법위반등
Text

1. The defendant A shall be punished by imprisonment for four months, and the defendant B shall be punished by a fine of one thousand won.

2.Provided, That this judgment has become final and conclusive.

Reasons

Punishment of the crime

1. Defendant A

A. Violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents and the Road Traffic Act (unlicensed Driving) Defendant is a person engaging in driving a rocketing car.

On December 08, 2014, at around 06:50, the Defendant driven the said vehicle without a driver’s license, and continued the intersection in front of the E-owned station in Chuncheon City D from the E-owned station to the full-distance outflow from the E-owned station.

At that time, since the shooting distance signal, etc. is all yellow signal, a person engaged in driving a motor vehicle has a duty of care to safely drive the motor vehicle by checking well the right and the right of the front and the right.

Nevertheless, due to the negligence of neglecting this, the Defendant found the G rocketing car of the victim F(57 years of age) who was going to go to the view of the opening of the new wall market at a late time, and shocked into the front part of the Defendant’s driving vehicle with the front part of the vehicle.

Ultimately, the Defendant suffered injury to the victim, such as fluoral salt, which requires approximately two weeks of medical treatment, due to such occupational negligence.

B. The Defendant: (a) was aware of the fact that he caused a traffic accident during driving without a license at the above time and at the above place; (b) the Defendant sent phone call to B, and instigated the Defendant to commit a crime by having the Defendant make a false statement as if he caused an accident while driving a rocketing car owned by the Defendant on the scene of the accident.

2. Defendant B, at the above date and at the above time and place, knew of the fact that Defendant A committed a crime corresponding to a fine or heavier punishment as set forth in paragraph 1(a). However, Defendant B made a false statement to the Chuncheon Police Station guard and assistant H as if the Defendant caused a traffic accident, thereby allowing the criminal to escape.

Summary of Evidence

1. Defendants’ respective legal statements 1.1.

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