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(영문) 의정부지방법원 고양지원 2015.03.27 2015고단333
교통사고처리특례법위반등
Text

A defendant shall be punished by imprisonment with prison labor 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 in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents is a person who is engaged in driving a CPoter Class II cargo vehicle.

On December 23, 2014, at around 20:30, the Defendant driven the above cargo vehicle without a driver's license, and made the turn to the left at the right angle in the direction of the stop point near the 69-lane, Seoyang-gu, Seoyang-gu, Seoyang-gu, Seoyang-gu.

At this point, the crosswalk is installed, and the defendant engaged in driving service has a duty of care to prevent accidents by accurately manipulating the front, rear, and left and right in accordance with the new code, and by accurately manipulating the steering gear and brakes.

Nevertheless, the Defendant neglected this and got the victim D (year 44) crossinged from the left-hand side of the vehicle driving direction of the Defendant to the right-hand side of the road by his negligence, thereby causing about about 14 weeks of medical treatment to the victim.

2. Around 20:30 on December 23, 2014, the Defendant driven a Category C cargo vehicle without a driver’s license in the section of approximately 2 km from the 120-ray 120-on-ro, Goyang-gu, Goyang-si, Goyang-si, the 219-ro, Hanyang-ro, to the Hanel apartment, which is located in the 69-ro, Handong-ro, Handong-ro.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements prepared in D;

1. Application of the Acts and subordinate statutes on the actual condition of traffic accidents, diagnostic certificates, and the ledger of driver's licenses;

1. Article 3 (1), the proviso to Article 3 (2) 1, 6, and 7 of the Act on Special Cases concerning the Settlement of Traffic Accidents According to Relevant Acts and Special Cases concerning the Selection of Punishment, Article 268 of the Criminal Act, Article 152 subparagraph 1 of the Road Traffic Act, Article 152 and Article 43 of the Road Traffic Act concerning facts constituting an offense;

1. Of concurrent crimes, the former part of Article 37, and Articles 38(1)2 and (2), and 50 (within the scope of adding up the long-term punishments) of the Criminal Act;

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