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(영문) 청주지방법원 2019.05.08 2018고단1202
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

except that 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 of a B-wing and cargo vehicle.

On April 6, 2018, the defendant driving the above cargo without the driver's license at around 09:20 on April 6, 2018, and led to the left turn to the left right from the front e-mail in Chungcheongnam-gun, Chungcheongnam-do, Chungcheongnam-do.

At the time, the traffic control is not carried out, and the crosswalk was placed on the front side, so there was a duty of care to safely turn to the left and prevent the accident by making the front left well.

Nevertheless, the defendant neglected this and found the way to the right on the left side by the negligence of left turn, and found the victim G(59 years of age) and H(62 years of age) late, and took an urgent action, but did not avoid it, and shocked the victims into the front part of the cargo vehicle of the defendant's driver.

As a result, the Defendant suffered, by such occupational negligence, the injury to the victim G, such as salt, tensions, etc. of a shoulder pipe that requires approximately three weeks of medical treatment, and the injury to the victim H, such as salt, tensions, etc. of the arms elbow requiring approximately three weeks of medical treatment.

2. On April 6, 2018, the Defendant violated the Road Traffic Act (unlicensed driving) driving the B-wing truck from approximately 10 meters away from the J front of the J in the Chungcheong-gun I to the front roads in the Chungcheong-gun I, Chungcheongnam-do, Chungcheongnam-do, without obtaining a driver’s license of a motor vehicle on April 6, 2018.

Summary of Evidence

1. A protocol concerning the police interrogation of the accused;

1. Application of Acts and subordinate statutes to the de facto survey report, field photograph, each diagnosis report, investigation report (Evidence List No. 9), driver's license ledger;

1. 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 (the occupation or injury caused by occupational negligence) concerning criminal facts, and subparagraphs 1 and 43 of Article 152 of the Road Traffic Act;

1. Articles 40 and 50 of the Criminal Code of the Commercial Concurrent Crimes ( mutually between the violations of the Act on Special Cases concerning the Settlement of Traffic Accidents).

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