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(영문) 창원지방법원 통영지원 2018.08.22 2018고단636
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

[criminal history] On November 10, 2016, the Defendant was sentenced to imprisonment for one year and four months for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes in the Changwon District Court’s territorial branch on the Aggravated Punishment, etc. of Specific Crimes, and completed the execution of the sentence at the port prison on July 27, 2017.

[Criminal facts] The Defendant is a person engaging in driving a B M& car.

On March 16, 2018, the Defendant driven the said car without obtaining a driver's license from 08:30 on March 16, 2018, and got the front of D elementary school in C at the macroscoping the vehicle from E to D elementary school.

Since there is no signal signal, a driver has a duty of care to temporarily stop or slowly drive the road before entering the intersection and to prevent accidents in advance by accurately manipulating the steering direction and brake system.

Nevertheless, the Defendant neglected to do so and proceeded to the port from the right side of the opposite side of the victim F(F, 47 years old) driving G M& car, which was driven by the Defendant’s negligence, received the front side of the said B-car.

As a result, the Defendant suffered injury to the victim F by negligence in the above occupational negligence on the part of the victim F, and at the same time damaged the above G car owned by the victim H by approximately KRW 2,300,000.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. A report on the occurrence of a traffic accident and a report on a traffic accident;

1. Mandatory insurance inquiry and the ledger of driver's licenses;

1. A medical certificate;

1. Previous convictions: Application of an inquiry letter, such as criminal history, and an investigation report (prior convictions and confirmations of repeated crimes)-related statutes;

1. Article 3(1) and the proviso of Article 3(2)7 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act (the point of causing bodily injury and occupational injury), Article 152 Subparag. 1, and Article 43 of the Road Traffic Act concerning criminal facts.

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