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(영문) 대구지방법원 김천지원 2018.03.28 2017고단1679
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The Defendant violates the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) is a person driving B rocketing or another car.

On October 28, 2017, the Defendant driven the said car without obtaining a driver’s license for the said car and continued to drive a four distance from the old Sin-si Embriririri-ri to the same Eup/Myeon from the Dong-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-si.

In such cases, the driver of a motor vehicle has a duty of care to prevent accidents by accurately operating the steering gear and brakes, and operating it.

In doing so, the Defendant neglected to do so and went through as it is, and instead, received the full right side side side of the Defendant’s vehicle driving by the victim C(77 tax) who was driving in the Jindo-Eup in the Do-Eup. The Defendant received the front side of the Defendant’s vehicle from the left side.

Defendant 1 suffered, by such occupational negligence, injury to the victim C, such as plebring, etc. which requires approximately six weeks of treatment, and injury to the victim E (V, 75 years of age) who was accompanied by the above low-speed pet vehicle, such as the plebing of the pleb aggregate that requires approximately six weeks of treatment.

2. Violation of the Road Traffic Act (Non-licenseless Driving) driving a B rocketing car without obtaining a driver’s license from the front of the “displacer farm” in this door of Si/Gu, Si/Gu, Si, Si, Si, Si, Si, Si, Si, Si, Si, Si, Si, Si, Gu, Si, Si, Si, Si, Si, Si, Do. to the fourth 81-12 street front of the same Ri.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. A survey report and photograph of actual condition;

1. Investigative into the ledger of driver's licenses and the main office;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Relevant legal provisions concerning criminal facts;

(a) Injury caused by occupational negligence: Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act;

(b) Unlicensed driving: Article 152 subparagraph 1 of the Road Traffic Act and Article 43 of the same Act;

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

1. Selection of penalty;

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