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(영문) 수원지방법원 성남지원 2013.10.24 2013고단1996
교통사고처리특례법위반등
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

1. On July 21, 201, the Defendant violated the Act on Special Cases concerning the Settlement of Traffic Accidents (hereinafter “Special Cases”), by driving a high-priced typ vehicle without a car driver’s license on July 15, 201, and driving a two-lane two-lane 1km prior to the entry into the Gama tunnel located in national highways No. 3 located in Gwangju City, Gwangju City, at the speed of about 10km from Gwangju City to Sungnam-si.

At the same time, since there have been a lot of traffic volume of vehicles, there was a duty of care to reduce speed and prevent accidents in advance by properly examining the front side of the vehicle driver.

Nevertheless, the Defendant neglected this and did not confirm the front door of the vehicle and did not proceed with it properly, and caused the traffic congestion to the above low-speed vehicle, and the part of the back part of the victim D (Seoul, 45 years old) E Twork XG vehicle in the above high-speed vehicle.

Ultimately, the Defendant inflicted an injury on the victim, such as climatic salt, which requires approximately two weeks of medical treatment, due to such occupational negligence.

2. On July 21, 201, the Defendant violated the Road Traffic Act (unlicensed driving) driving at around 15:00, the Defendant driven a Chigh-in vehicle from the access road to the national highway No. 3 located in Gwangju City without obtaining a driver’s license on July 21, 201 to approximately 1 km prior to the entry road No. 3 national highways.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement on the occurrence of a traffic accident;

1. Certificate of driving career;

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

1. Article 3 (1) and the proviso to Article 3 (2) 7 of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, Article 268 of the Criminal Act, subparagraph 1 of Article 152 of the Road Traffic Act, and Articles 43 of the Road Traffic Act concerning criminal facts;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

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