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(영문) 수원지방법원 2015.10.15 2015고단3450
교통사고처리특례법위반등
Text

A defendant shall be punished by imprisonment for six 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. Around June 19, 2015, the Defendant violated the Road Traffic Act (unlicensed driving) driving on the road in front of the wife population B at the permissible time without a driver’s license on June 19, 2015, the Defendant driven a D-to-purd vehicle at a section of approximately 150 meters to C front of the road.

2. The Defendant in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents is a person who is engaged in driving a motor vehicle of D self-purd vehicle

On June 19, 2015, the Defendant driven the said car on June 19, 2015, and led to the running of the said car to the front of the wife population C at the come-off from the outer rock village to the west-do.

At all times, the width of a road is less than 6 meters, there is no median line, and it is not only a road plucking to the left side, but also a road plucking to the left side, etc., which can not be early discovered from the opposite direction because trees, etc. are left on the left side. As such, a person engaged in driving has a duty of care to avoid the case of a motor vehicle coming from the opposite direction by accurately manipulating the steering gear, steering gear, etc. under the circumstance where the person engaged in driving has a sufficient speed.

Nevertheless, the Defendant did not have sufficient speed, and the Defendant’s negligence going on by the center of the road, and followed the left side of the E-motor vehicle, which was mathing in the opposite direction, with the upper left side of the E-motor vehicle.

Ultimately, the Defendant inflicted injury on the victim G (the age of 46) who was on the rear seat of a motor bicycle driven by F due to the foregoing occupational negligence, such as a light francing of the left-hand francing to the upper end of the motor bicycle in need of approximately eight weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

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

1. A traffic accident report (1);

1. An accident site photograph;

1. Registers of driver's licenses;

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

1. The point of occupational injury under Article 3 (1), the proviso of Article 3 (2) and Article 3 (7) of the Act on Special Cases concerning the Settlement of Traffic Accidents concerning Criminal Facts and the Selection of Punishment.

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