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(영문) 수원지방법원 안산지원 2015.01.16 2014고단2187
교통사고처리특례법위반등
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving of Bone Star Car.

On September 20, 2011, the Defendant driven the said car without a driver's license on September 20, 201, and proceeded four lanes in front of the driving distance of the training center in the Nowon-gu Seoul Special Metropolitan City, Ansan-si, with a speed of about 20 km from the front area to the front area.

In such cases, a person engaged in driving of a motor vehicle has a duty of care to safely drive a motor vehicle, such as maintaining a safe distance with the front vehicle, maintaining a safe distance with the front vehicle, and keeping the front left well.

Nevertheless, the Defendant neglected to operate a vehicle with due care and shocked the back part of the C Driving's DF car which was parked in order to signal the vehicle to the front driver of the said vehicle, and the said CF car shocked the front part of the E (the age of 46) driving of the victim E(the age of 46) who was stopped at the front of the vehicle.

As a result, the Defendant suffered injury, such as brain salvina, which requires approximately two weeks of medical treatment, due to the above occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. A medical certificate;

1. Application of the statutes on the register of driver's licenses;

1. Relevant legal provisions concerning facts constituting an offense, Articles 3(1) and 2(1)7 of the Act on Special Cases concerning the Settlement of Traffic Accidents in the Selection of Punishment, Article 268 of the Criminal Act, Article 268 of the Criminal Act, subparagraphs 1 and 43 of Article 152 of the Road Traffic Act;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 38 (2) and 50 of the same Act for the increase of concurrent crimes;

1. Suspension of execution under Article 62 (1) of the Criminal Act (including the fact that the damage is relatively minor, that the victim does not want the punishment of the defendant, and that the defendant does not have any criminal record exceeding the fine);

1. Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc., of orders to provide community service and attend lectures;

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