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(영문) 전주지방법원 정읍지원 2013.08.13 2013고단246
교통사고처리특례법위반등
Text

A defendant shall be punished by imprisonment for not less than eight 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. Around March 19, 2013, the Defendant violated the Road Traffic Act (unlicensed Driving) driving on the roads in front of the “Sariwon Station” located in the Gowon-gun, Gowon-gun, Gowon-gun, Gowon-gun, without obtaining a driver’s license.

2. The Defendant in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents is a person who is engaged in driving a car with C test.

On March 8, 2013, the Defendant was parked in front of the “Sariwon,” located in the heart of the Gowon-gun, Changwon-gun, North Korea, while driving the said vehicle without obtaining a driver’s license for a motor vehicle.

In this case, a person engaged in driving of a motor vehicle has a duty of care to prevent accidents in advance by accurately operating the steering gear and brakes.

Nevertheless, the Defendant, while trying to operate a brake to park the above vehicle without a driver's license, was negligent in performing the speed system, and caused the above vehicle to go on the right side of the road.

As a result, the Defendant suffered injury to the victim D (year 54) who was on board the Defendant’s vehicle due to such occupational negligence, such as brain salvy in need of treatment for about two weeks, and injury to the same victim E (year 52) such as salvy and salvy and salvy and salvy damage in need of treatment for about 32 weeks.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the occurrence of a traffic accident, a report on actual condition investigation, and on-site photographs;

1. Registers of driver's licenses;

1. A copy of a medical certificate (D), copy of a medical certificate (E), request for fact-finding, and application of statutes of the F Hospital;

1. Article 3 (1) and the proviso of Article 3 (2) of the Act on Special Cases concerning the Handling of Traffic Accidents by Relevant Acts concerning criminal facts, 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. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Aggravation concurrent crimes;

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