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(영문) 서울중앙지방법원 2020.06.23 2020고단3391
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for not more than ten 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. The defendant is a person who is engaged in driving a passenger car within the B Eth-gu.

On March 27, 2020, the Defendant driven the above car on March 27, 2020, and led Gangnam-gu Seoul to go from the divers service to the active service.

At night and at that time, the passage of people is frequent, and in this case, there was a duty of care to prevent accidents in advance by accurately manipulating the front and rear left and the steering system for the driver of the motor vehicle.

Nevertheless, the Defendant neglected his duty to drive the said vehicle without obtaining a driver's license, and led the victim D (the 64 years old) who was walking the road on the front side of the Defendant's driving direction by the negligence of driving the said vehicle without obtaining a driver's license, and continued the victim's walked by shocking.

Ultimately, the Defendant suffered injury to the victim, such as a 5-day aggregate of the right-hand body, which requires treatment for about six weeks, due to the above occupational negligence.

2. The Defendant violated the Road Traffic Act (unlicensed Driving) without obtaining a driver’s license for a vehicle at the time and place specified in paragraph (1) of the same Article.

Summary of Evidence

1. Defendant's legal statement;

1. Results of the CD reproduction and viewing;

1. Statement on the occurrence of D traffic accidents;

1. The actual condition survey report;

1. Each written diagnosis;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) and the proviso to Article 3 (2) 7 of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act, Article 152 subparagraph 1 of the Road Traffic Act, and Articles 152 and 43 of the Road Traffic Act;

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

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