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(영문) 인천지방법원 2016.06.09 2016고단1097
교통사고처리특례법위반등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. 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 vehicle B with low engine.

On January 29, 2016, the Defendant driven the said car without obtaining a driver's license from around 14:40 on January 29, 2016, and continued the front road of the Incheon Nam-gu Incheon Metropolitan City C from the long-distance away to the 6th private distance away from the ancient city to the 20km long-distance away from the city.

There are frequent traffic of other vehicles, and inasmuch as the victim D(47 S) driving E-Wki in the front section was a stop, there was a duty of care to prevent accidents in advance by operating the steering gear and brake in a safe way by accurately operating the steering gear and brake while lowering the speed.

Nevertheless, the Defendant neglected to operate the steering gear and brakes accurately, and neglected to do so, and received the rear part of the vehicle of the Ireland as the front part of the car with the highest front of the vehicle.

Ultimately, the Defendant suffered injury to the victim, such as salt, tension, etc. in need of medical treatment for about two weeks due to the above occupational negligence.

2. The Defendant violated the Road Traffic Act (unlicensed Driving) driving a vehicle without obtaining a driver’s license at the time specified in paragraph (1) and proceeded with approximately 12 km section from the front of the road decoration apartment in 786, Seo-gu Incheon, Seo-gu, Incheon, to the place specified in paragraph (1).

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A survey report on actual conditions;

1. The driver's license ledger;

1. A medical certificate;

1. Application of statutes on field photographs;

1. Relevant Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, Article 268 of the Criminal Act (the occupation and loss of duties, the choice of imprisonment without prison labor), subparagraph 1 of Article 152 of the Road Traffic Act, and Article 43 of the Road Traffic Act (the occupation of unauthorized driving, the selection of imprisonment with prison labor) concerning criminal facts;

1. The former part of Article 37 of the Criminal Code of Aggravation of Concurrent Crimes;

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