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Reasons
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(영문) 수원지방법원 여주지원 2014.01.17 2013고단1029
교통사고처리특례법위반등
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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 this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents and the Road Traffic Act, the Defendant is a person engaging in driving of B 24 tons car trucks. On July 25, 2013, the Defendant driving the above vehicle around 16:25, and driving it on the two-lane road in front of the Yacheon-ri, Yacheon-ri, and driving it along two-lanes on the two-lane road in front of the Yacheon-ri, Yacheon-ri, the two-lane road, without obtaining a driver's license, and making another thought while driving it on the two-lane road along the two-lane side of the Yacheon-ri, Yacheon-ri, it was found that the victim C (36 years old) who driven the same lane due to negligence in the course of driving it late after the driver's operation, but the Defendant did not stop, and caused considerable damage to the victim, such as 100 won or more, 300 won or more, 50 won or more, and 50 won.

2. Violation of the Road Traffic Act (Unlicensed Driving) was driven by the Defendant without obtaining a driver’s license at approximately 10km section from the front road of a stone plant located in the Dog-ri, Dog-ri, Gwangju-si to the Ycheon-si, Ycheon-si, Yeocheon-si, to the front road of the Ycheon-si.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each traffic accident-related person C and F;

1. Registers of driver's licenses;

1. Each written diagnosis for C;

1. Written estimate;

1. Application of statutes on site photographs;

1. Article 3 (1) and the proviso of Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents by Relevant Acts concerning criminal facts, Article 268 of the Criminal Act, Article 151 of the Road Traffic Act, subparagraph 1 of Article 152 of the Road Traffic Act, and Article 43 of the Road Traffic Act;

1.Article 40 of the Criminal Code of Trade and Trade.

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