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(영문) 청주지방법원 충주지원 2020.03.25 2019고단587
교통사고처리특례법위반(치상)등
Text

The punishment of the accused shall be determined by imprisonment with prison labor for ten months.

However, the execution of the above punishment for two years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

The defendant is a person who is engaged in driving a ice car.

1. On July 12, 2019, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) driving the said vehicle without obtaining a driver’s license on July 12, 2019, and driving the said vehicle in front of the Chungcheongnam-gun, Chungcheongnam-Eup, along the two-lanes of the two-lanes of the two-lanes of the two-lane of the two-lane of the two-lane of the two-lane of the two-lane of the

In this case, the driver has a duty of care to turn on direction direction, etc. to the person engaged in driving service, and to change the lanes safely by taking into account the traffic conditions before, after, and after, the driving service.

Nevertheless, the Defendant did not take the above measures under a license without a license, and did not take the above measures, and followed the right side of the victim D(Korean name E, and Korean nationality China) driving on the same one-lane in the same room.

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

2. On July 11, 2019, the Defendant violated the Road Traffic Act (unlicensed driving) driving the said SP car at the section of about 10km from the parking lot of Samsung-gun, Samsung-gun, Samsung-gun, Samsung-ro, 30-gil, and from the parking lot of Samsung-Myeon to the front road of Chungcheong-gun, the Defendant driven the said SPP car at the section of about 10km.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. The actual condition survey report;

1. Registers of driver's licenses;

1. A medical certificate;

1. An accident site photograph or a traffic accident site photograph;

1. Application of the Acts and subordinate statutes governing black boxes and CCTV video CDs;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) and proviso of Article 3 (2) and proviso of Article 3 (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, subparagraph 1 of Article 152 of the Road Traffic Act, and Article 43 of the Road Traffic Act

1. Of concurrent crimes, punishment provided for in the former part of Article 37, Article 38 (1) 2 and Article 50 of the Criminal Act shall be heavier;

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