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(영문) 광주지방법원 순천지원 2016.04.21 2015고단1503
교통사고처리특례법위반등
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in the duty of driving Category C cargo vehicles.

1. On July 1, 2015, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (hereinafter “Special Cases Concerning the Settlement of Traffic Accidents”) driven the cargo vehicle from the sand distance prior to the slaughterhouse located in D, the Defendant driven the said cargo vehicle in front of the slaughterhouse and driven the said vehicle along the road one-lane from the red-dong bank to the shot (YY) bank.

Since there is an intersection where signal, etc. is not installed, there was a duty of care to prevent accidents, such as operating a driver of a motor vehicle by thoroughly manipulating the front side and the left side side side side side and the driver of a motor vehicle without access to the intersection, and operating the brake system accurately.

Nevertheless, the Defendant, without obtaining a driver’s license as stated in paragraph 2, neglected to perform such duty of care while driving a motor vehicle, and went into the area of the terminal for sewage treatment at the Ocheon-dong room, and did not avoid the victim Franchisa car, which first entered the said intersection, and received the front part of the driver’s seat in front of the said Poter freight.

As a result, the Defendant suffered injury to the victim, such as climatic salt, which requires approximately two weeks of medical treatment, due to such occupational negligence.

2. Violation of the Road Traffic Act (unlicensed Driving) driving a C Poter vehicle without obtaining a driver’s license from around 3 km to the intersection specified in paragraph (1) from a long-distance near the Pung-dong at the time of the day set forth in paragraph (1).

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. On-site evidence and photographs;

1. A medical certificate;

1. Application of Acts and subordinate statutes to the ledger of driver's licenses;

1. Article 3(1) and the proviso of Article 3(2)7 of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the relevant criminal facts, Article 268 of the Criminal Act (the occupation of occupational and dental occupation, the choice of imprisonment without prison labor), and the Road Traffic Act.

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