logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원 2017.06.29 2017고단1798
교통사고처리특례법위반(치상)등
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

Criminal facts

The defendant is a person who is engaged in driving a third car.

On March 26, 2017, the Defendant driven the said car without obtaining a driver's license from around 19:20 on March 26, 2017, and changed the lane to the two-lanes while driving the said car into the two-lanes, focusing on the medium distance outflow from both sides of the entrance, the Defendant changed the lane to the two-lanes.

In this case, a driver of a motor vehicle, etc. has a duty of care to take into account the front side and the left side well, accurately operate steering the steering gear and operating direction, etc., give notice of change of course, and to change the front and rear side's line by taking into account the traffic situation of the front and rear side.

Nevertheless, the defendant neglected to drive his vehicle at the two-lanes due to negligence, and was driven by the victim D (W, 64 years old) with the front part of the front part of the defendant's body and the front part of the front part of the driver's car.

Ultimately, the Defendant suffered injury to the victim, such as cutting down the 5th left-hand 4 weeks of medical treatment by occupational negligence as above.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Reports on each traffic accident;

1. On-site photographs of traffic accidents;

1. The driver's license ledger (A);

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

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 Act, Articles 38 (1) 2 and 38 (2), and 50 of the said Act for the increase of concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing in Article 62-2 of the Criminal Code of the Order to Attend a lecture is that the defendant has three-time driver's licenses, even though he/she had three-time driver's licenses.

arrow