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(영문) 창원지방법원 진주지원 2019.11.27 2019고단1285
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, 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. On August 6, 2019, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) driving a Bi30 vehicle without obtaining a driver’s license on August 11, 2019, and driving the B i30 vehicle into a monthly grhurging plane in front of the Nanannam-gun, Seocheon-gun, Nannam-gun, Nannam-do.

Since the width of the road is not wide due to the decline of a one-lane, there was a duty of care to prevent accidents in advance by accurately manipulating the steering direction and brake system.

Nevertheless, the Defendant was negligent in operating the steering gear without obtaining a driver's license and was negligent in failing to properly operate the steering gear, and was placed on the left side of the running direction beyond the center line.

The Defendant sustained injury to the victim C (the age of 69) who was accompanied by the foregoing occupational negligence, such as a brush in need of treatment for about 8 weeks.

2. On August 6, 2019, at around 11:26, the Defendant driven the said car without obtaining a driver’s license in a section of about 120 km to the roads adjacent to the suburban bus stops located in the Seocheon-gun of the Gyeongnam-gun of the Republic of Korea via the Fump located in E at the time of Jinju-si from the front of his own dwelling in the South-west Sea-gun of the Republic of Korea.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Each traffic accident report, actual condition survey report, and photographs;

1. A medical certificate;

1. Application of the statutes on the register of driver's licenses;

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) and the proviso to Article 3 (2) 7 of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act, Article 152 subparagraph 1 of the Road Traffic Act, and Articles 152 and 43 of the Road Traffic Act;

1. Aggravation of concurrent crimes: former part of Article 37, Articles 38 (1) 2 and 38 (2), and 50 of the Criminal Act;

1. Suspension of execution: Article 62 (1) of the Criminal Act;

1. Orders to provide community service or attend lectures: Reasons for sentencing under Article 62-2 of the Criminal Act;

1. The scope of recommendations according to the sentencing criteria;

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