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(영문) 대구지방법원 포항지원 2018.11.21 2018고단1254
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a motor vehicle of the vehicle of the vehicle of the vehicle of the vehicle.

On September 12, 2018, the Defendant driven the said car without obtaining a driver’s license in a section of about 800 meters from the south-gu Seoul Metropolitan City, Gyeong-gu to the south-gu, Gyeong-gu, Gyeong-gu, Gyeong-si, and the front road was driven at a speed of about 30 kilometers a speed of about 30 kilometers a speed of speed, depending on the two-lanes in the direction of the intersection of the shape.

At the same time, the above place was a place where the passage of other automobiles was frequent, and there was a place where the center line of yellow solid lines was installed, so the driver of the motor vehicle at such place was well seeing the front and rear left and the left, operating the steering gear and the brake system properly, and driving the motor vehicle with a duty of care to prevent traffic accidents.

Nevertheless, the Defendant neglected to obtain a driver’s license and operated the said car without obtaining a driver’s license, and caused the Defendant’s occupational negligence over the center line of the yellow net line to the Defendant’s direction of proceeding, and thereby, received the front part of the G Otoba (26 ) driving from the victim F. (26 ) who was going toward the direction of the Defendant’s intersection to the front part of the said car.

As a result, the Defendant suffered injury to sugars without any wound in two open fields, which requires approximately two weeks of medical treatment to the victim due to the above occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement;

1. A traffic accident report, on-site inspection report, and on-site photographs of a traffic accident;

1. The driver's license ledger;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Relevant Article of the Act on Special Cases Concerning the Settlement of Traffic Accidents, Article 152 subparag. 1 and Article 43 of the Road Traffic Act (Unlicensed Driving, Selection of Imprisonment), Article 3(1) and proviso to Article 3(2)2 and 7 of the Act on Special Cases Concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act (the occupation of occupational and dental occupation, and Selection of imprisonment without prison labor);

1. The former part of Article 37 of the Criminal Code, and Article 38(1)2 of the Criminal Code.

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