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(영문) 광주지방법원 목포지원 2017.07.14 2017고단482
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. The defendant is a person who violates the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) and is engaged in driving of the three cargo vehicles.

On April 4, 2017, the Defendant driven the above cargo without obtaining a driver's license of a motor vehicle from around 14:00, and proceeded one way ahead of the intersection of the D cafeteria, which is located in the Danan-gun C, in the direction of the Eup from the direction of the Agricultural Cooperative in the Donan-gun to the speed of about 40km in the direction of the Eup.

Since there is a center line of yellow solid lines, in such a case, a person engaged in driving a motor vehicle has a duty of care to prevent accidents by accurately operating the brake and steering the steering gear.

Nevertheless, the Defendant neglected to drive a stroke, while driving a stroke, followed the opposite lane due to the negligence of the center line, and proceeded with the opposite lane, and the FSM 3 car of the victim E(SM 52 years old) driving. The front part and the front wheel part prior to the left side of the freight vehicle was shocked by the front part of the freight vehicle.

Defendant 2 suffered injury to the victim, such as salt dynasium, tension, etc. in need of approximately two weeks of treatment due to such occupational negligence.

2. Violation of the Road Traffic Act (unlicensed Driving) driving of the Defendant 3 freight vehicles in the B 10km section, without obtaining a driver’s license, from the front of the Defendant’s dwelling in the Southern-gun G located in the Southern-gun of the Republic of Korea prior to the day specified in paragraph (1) to the place specified in paragraph (1).

Summary of Evidence

1. Statement by the defendant in court;

1. Statement protocol (short traffic) made by the police to E;

1. Statement of de facto survey, (1) and (2), register of driver's licenses, and details of revocation of driver's licenses;

1. Application of Acts and subordinate statutes, such as on-site evidence photographs, de facto investigation evidence photographs, and diagnosis reports;

1. Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and the Selection of Punishment, Article 3(2)2 and 7 of the Act on Special Cases concerning the Settlement of Traffic Accidents and Article 3(2) proviso of the Act on Special Cases concerning the Settlement of Traffic Accidents and Road Traffic Act (Appointment of imprisonment without prison labor).

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