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(영문) 인천지방법원 부천지원 2018.11.08 2017고단2609
교통사고처리특례법위반(치상)등
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A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

1. Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) and violation of the Road Traffic Act by the Defendant is a person who is engaged in driving of the vehicle loaded in BPoter II.

On July 10, 2017, the Defendant driven the above cargo without obtaining a driver's license of a motor vehicle on July 18, 2017, and proceeded to the potteral course on the mathal side with the road without a neighboring D vehicle line located in Kimpo-si C.

In this case, there is a duty of care to prevent accidents in advance by putting a person engaged in driving of a motor vehicle on the front and left, and accurately manipulating the steering gear, brake system, etc. of the motor vehicle.

Nevertheless, the Defendant neglected to operate the steering gear and brakes in the opposite direction by wrong operation of the steering gear and brakes, and was driven by the victim E (59) who discovered and stopped the above cargo in the opposite direction, and received the part of the F that was driven in front of the driver's seat of the car.

As a result, the Defendant, by negligence in the above business, sustained injury to the victim during approximately two weeks of medical treatment, and at the same time, damaged the car in the amount of KRW 3,233,67.

2. On the date and time set forth in paragraph 1, the Defendant was driving the vehicle of the vehicle of the Poter II air conditioning tower without obtaining a driver’s license from the H Logistics Center located in Kimpo-si G to the J in the G located in Kimpo-si, Kimpo-si, and without obtaining a driver’s license from around about 10km.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A survey report on actual conditions;

1. A medical certificate;

1. Written estimate;

1. License register and next inquiry;

1. Application of statutes on site photographs;

1. Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Article 3(2)7 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act (the occupational and de facto occupation) and the Road Traffic Act concerning criminal facts.

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