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(영문) 수원지방법원 2018.06.19 2018고단1901
교통사고처리특례법위반(치상)등
Text

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

Criminal facts

1. The defendant is a person who is engaged in driving service of the BPoter-II cargo.

On March 29, 2018, the Defendant driven the above cargo without a driver's license of a motor vehicle on March 18, 2018, and proceeded at a speed that would make it difficult to turn to the right from the 3rd side of smart lending to the 3rd side of the smart road.

Since a crosswalk is installed on the front side, in such cases, there was a duty of care to check whether there is a person who renders a way to drive a vehicle by reducing the speed prior to making a left-hand turn and by properly examining the right and the right and the right and the right and the course are safe, and to turn to the left.

Nevertheless, the Defendant neglected this and found the victim D (17 years old) who cross the crosswalk from the right side to the left side by his negligence, and did not avoid it, and did not shock the part of the victim's left top part of the cargo vehicle of the Defendant.

Ultimately, the Defendant suffered approximately two weeks of elbows from the above occupational negligence to the victim, which requires approximately two weeks of treatment.

2. The Defendant violated the Road Traffic Act (unlicensed driving) driving a vehicle of approximately 300 meters from the front of the Edo to the front of the road at the time of the day set forth in paragraph 1, without obtaining a driver’s license, from around 300 meters from the front of the road.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Investigative into the report of a traffic accident, the suspect's driver's license ledger, the next inquiry, and the mandatory insurance;

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)6 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 Act, Articles 38(1)2 and 38(2) and 50 of the Criminal Act (each of the crimes is committed.)

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