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(영문) 창원지방법원 통영지원 2018.02.28 2017고단1831
교통사고처리특례법위반(치상)등
Text

Defendant shall be punished by imprisonment without prison labor for not less than four months and by a fine not exceeding 300,000 won.

If the defendant does not pay the above fine, 100.

Reasons

Punishment of the crime

[criminal history] On September 6, 2017, the Defendant was sentenced to two years of suspension of execution on September 14, 2017 by imprisonment with prison labor for a violation of road traffic laws (unlicensed driving) in the Changwon District Court’s Tong-gu branch branch on September 6, 2017, and the said judgment became final and conclusive.

[Criminal facts]

1. The Defendant is a person who is engaged in driving a vehicle with BHJ10T-7C in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents.

On July 21, 2017, the Defendant driven the above vehicle at around 21:15, and led the crossing of the D Driving Schools in front of the D Driving Schools in C at the time of macroocing, to the intersection of the Asia from the west Sea and Ru apartment.

At the time, the vehicle was at night and at the same time an intersection with frequent traffic signals. In such a case, the driver of the vehicle had a duty of care to prevent the traffic accident by safely driving the vehicle in accordance with the signals and the right and the right and the right and the right of the driver of the vehicle.

Nevertheless, the defendant, even though he was a yellow signal, has been straighted in normal signals on the road facing occupational negligence, where the defendant entered the intersection and left the left.

E was the front part of the F car siren 2 car driven by the Defendant, which was driven by the Defendant.

Ultimately, the Defendant sustained injury to the victim G (V, 36 years of age) who was on the top of the steering force of the victimized vehicle due to occupational negligence as above, such as salt, tension, etc. requiring approximately two weeks of treatment.

2. On July 21, 2017, the Defendant driven a HJ10T-7-C dual-wheeled vehicle without obtaining a motor device bicycle license from around 500 meters in a section from the first front to the front road of the DD driving school located at H at the C at the C on July 21, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Each written statement of E and G;

1. A report on the occurrence of a traffic accident, a survey report on actual condition, and on-site photographs;

1. A medical certificate;

1. A report on investigation (as to the statement of a witness);

1. Investigation report (the analysis of traffic accidents according to the signal cycle);

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