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(영문) 서울서부지방법원 2017.08.31 2017고단1945
교통사고처리특례법위반(치상)등
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A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. The Defendant violates the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) is a person engaging in driving a DNA car.

On April 20, 2017, the Defendant driven the said car without obtaining a driver's license on April 20, 2017, and driven the four-lane road in Mapo-gu Seoul Metropolitan Government E along the two-lanes from the two-way intersection to the two-lanes.

At the time, there was a G taxi in the driver's license of the victim F(68). In such a case, the defendant, who is engaged in driving of the motor vehicle, has a duty of care to safely drive the motor vehicle and prevent the accident in advance by driving the motor vehicle, such as accurately operating the steering wheel and brake system.

Nevertheless, the Defendant neglected to drive a stroke while driving the stroke, and by negligence while driving the stroke, received the back part of the victim F taxi in front of the Defendant’s car.

Ultimately, the Defendant suffered from the injury of the victim F and the victim H (S) who was on the back seat of the head of the cab in the foregoing occupational negligence by the above occupational negligence, for approximately two weeks of medical treatment.

2. Around April 20, 2017, the Defendant was driving a DNA car without obtaining a driver’s license from a section of about 70 km from the center of Yangcheon-gu Seoul, Yangcheon-gu to the front road of Seoul Mapo-gu, Seoul, to KRW 2km.

Summary of Evidence

1. Statement by the defendant in court;

1. A statement of the occurrence of a traffic accident of F;

1. A traffic accident report and a report on the occurrence of a traffic accident;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Article 3(1) and the proviso to Article 3(2)7 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 152 Subparag. 1 and Article 43 of the Road Traffic Act concerning facts constituting an offense;

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

1. Selection of penalty;

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