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(영문) 춘천지방법원 영월지원 2015.04.24 2015고단71
교통사고처리특례법위반등
Text

A defendant shall be punished by imprisonment for six 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 15:30 on January 25, 2015, the Defendant driven a Category B motor vehicle without a driver’s license in the section of approximately 4 km from the first half of the Jinjin Global road located in the northwest-gu, Young-gu, Gangwon-do to the front road of the Gaak-gu fishing ground located in the same side.

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 Category B car.

At around 15:30 on January 25, 2015, the Defendant, while driving the said car and driving the national highway of the first line in the northwest-gun of Gangwon-gu, Seoul National Road from the parallel parallel to the parallel parallel at an insular speed. However, the Defendant, without the driver’s license, did not have to secure the front speed of the cargo vehicle that was driven on the front side while driving the car without the driver’s license, followed the part of the victim C (75 years old), which was driven by the center line, by the negligence of breaking the center line in order to overtake the cargo vehicle that was driven on the front side, by driving the car without the driver’s license.

As a result, the Defendant suffered injury to the victim C, such as catum salt in need of approximately two weeks of medical treatment, and injury to the victim E (the 56-year old-age-old) who was accompanied by the damaged vehicle due to the above occupational negligence, such as cerebral fat in which detailed treatment is required for about three weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. E statements;

1. Application of the traffic accident report, each written diagnosis, shock photographs, and the laws and subordinate statutes concerning the driver's license register;

1. Article 3 (1), the proviso to Article 3 (2) and Article 3 (2) 2 and 7 of the Act on Special Cases concerning the Settlement of Traffic Accidents concerning Criminal Facts; Article 268 of the Criminal Act; subparagraph 1 of Article 152 of the Road Traffic Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Of concurrent crimes, the former part of Article 37 and Article 38 (1) 2 and (2) of the Criminal Act (within the scope of adding up the long-term punishment);

1. The stay of execution does not include any other criminal records except for the recent fines under Article 62(1) of the Criminal Act;

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