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(영문) 수원지방법원 성남지원 2017.08.10 2017고단1217
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

1. On April 19, 2017, the Defendant, at around 11:00, driven a motor vehicle without a driver’s license in the section of approximately 11 km from 14:00 to 15:0, from 14:0 to 11:00 to 15:00, from 14:00 to 14:00 to 11:00,000 to 11:0.

2. The Defendant is a person who is engaged in driving a motor vehicle with a lurged motor vehicle B in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents.

On April 19, 2017, the Defendant driven the above car at around 12:08, while driving the car, the Defendant proceeded in the way of the e-mail from the direction of the e-mail to the direction of the gold basin.

There are two-way intersections and one-lanes are left-hand and two-lanes are straight and left-hand, so the driver of the motor vehicle has a duty of care to safely drive the motor vehicle along the lane and prevent the accident in advance.

Nevertheless, the Defendant neglected this and received the front part of the car of the Defendant in front of the right side of the car of the Defendant on D, which was driven by the victim C(46 tax) who was left to the left at the two-lanes of the time and the end of the car without obtaining a driver's license.

As a result, the Defendant suffered multiple scopic typology, which requires approximately two weeks of treatment, from the above occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of the occurrence of a traffic accident C;

1. A traffic accident report;

1. Application of Acts and subordinate statutes to vehicle photographs and diagnostic certificates;

1. Relevant Article 3 (1) and the proviso to Article 3 (2) 7 of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, Article 268 of the Criminal Act (the occupation of an injury caused by occupational negligence, 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 an unlicensed driver, the choice of imprisonment without prison labor) concerning criminal facts;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62(1) of the Criminal Act (the defendant is against his/her will).

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