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(영문) 춘천지방법원 영월지원 2018.02.20 2017고단547
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal history] On September 27, 2016, the Defendant was sentenced to six months of imprisonment with labor for a violation of road traffic law (drinking driving) at the Youngcheon District Court’s Young-gu branch on September 27, 201, and completed the execution of the sentence at the deep-sea detention center on March 25, 2017.

[Criminal facts] The Defendant is a person who is engaged in driving a motor vehicle BV in the cushion.

On September 17, 2017, the Defendant driven the said car without obtaining a driver's license from around 17:35 on September 10, 2017, and led to the driving of the said car to the front road of the Gangseo-gu Seoul Special Metropolitan City from the Jeju-ri-ri-ri-ri side.

At that time, there is a road where the center line of the yellow-line 1 lane has been installed, and at that time, the Defendant was proceeding following the preceding vehicle, and thus, a person engaged in driving business has been obliged to drive the vehicle in the condition of obtaining a driver's license, maintain the safety distance of the preceding vehicle, maintain the safety distance of the preceding vehicle, and prevent the accident in advance.

Nevertheless, the defendant neglected this and failed to drive without a license and maintain a safe distance properly, and the victim D, who was placed in the opposite part of the center line due to the negligent negligence, was driven by the victim D.

E The left-hand part of the Oralba was received as the top-hand part of the said car.

Ultimately, the Defendant suffered approximately two weeks of medical treatment from the victim due to occupational negligence as seen above, such as salt dynasium and tension.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report;

1. Report on the circumstances of driving without a license;

1. On-site photographs, reports, accompanying on-site photographs;

1. The driver's license ledger;

1. A report on investigation (Attachment of a medical certificate for a victim), and a medical certificate;

1. Investigation report (victim D and witness F phone statement);

1. Previous convictions: Application of Acts and subordinate statutes, such as a reply to inquiry, investigation report (verification of suspect repeated crime), personal confinement status, copy of judgment, etc., such as criminal history;

1. Relevant Articles of the Act and the choice of punishment concerning the facts constituting the crime;

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