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(영문) 의정부지방법원 고양지원 2018.05.10 2018고단573
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) is a person who is engaged in driving of a small cargo vehicle in Cpoter.

On February 23, 2018, the Defendant driven the said car on the high tideland road in U.S. 85-14, U.S. in the Gu-Eup, in the case of the aptitude of the Papju on Feb. 23, 2018, and proceeded in the direction of a three-distance aptitude distance from the Gu-Eup shooting distance.

The driver of a motor vehicle has a duty of care to safely operate the brake and steering gear so as not to reduce the speed and reduce the snow path, since the snow that was laid down at the time of the decline, the driver of the motor vehicle had a duty of care.

Nevertheless, the Defendant neglected to stop the vehicle while driving the vehicle in order to reduce speed, and brought the vehicle to the left side of the victim's vehicle in front of the left side of the vehicle of the victim D(23 S), which was going beyond the center line and was going to go beyond the center line.

Ultimately, the Defendant suffered injury to the victim by occupational negligence, such as salvinal salt, which requires approximately two weeks of medical treatment.

2. On the same day as paragraph 1, the Defendant was driving the said vehicle without the driver’s license from the Defendant’s residence located in the Sincheon-gun, Gyeonggi-do, Gyeonggi-do, to the 85-14 high tideland road in the Gu-Eup of the Gu-Eup in the face of his aptitude at the time of strike.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of D;

1. A traffic accident report;

1. An accident scene photograph;

1. The driver's license ledger;

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

1. Relevant legal provisions concerning facts constituting an offense, Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act (the occupation of causing occupational negligence, the choice of imprisonment without prison labor), and Articles 152 Subparag. 1 and 43 of the Road Traffic Act (the occupation of driving without a license, the choice of imprisonment with prison labor);

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. The Criminal Act, the suspension of execution;

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