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(영문) 창원지방법원 밀양지원 2018.03.29 2017고단613
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

Punishment of the crime

The Defendant is a person engaged in the modern 11.5 tons of truck driving.

On October 30, 2017, the Defendant driven the above car truck without a driver's license on October 30, 2017, and changed the car line to one lane in order to drive the above car truck from the side side of the three-lane road in pushed-si.

In the case of changing a vehicle line, there was a duty of care to safely drive the vehicle by checking whether another vehicle is in progress and whether the vehicle is in progress.

Nevertheless, the Defendant neglected this and took part above the right side of the victim E (75) driving, which was going on one lane without a driver's license, and was driven by the Defendant as the part above the left side of the truck of the Defendant.

As a result, the Defendant suffered, from the above occupational negligence, approximately 3 weeks of injury such as cage cage cages, etc. to victims E, and injury to victims G (the 76 years of age) who were on board the damaged vehicle, including the cage of cage cages, for about 8 weeks of training.

Summary of Evidence

1. Statement by the defendant in court;

1. A H statement;

1. A survey report on actual conditions;

1. Each written diagnosis;

1. Application of Acts and subordinate statutes to the ledger of driver's licenses;

1. Subparagraph 1 of Article 152 of the Road Traffic Act and Article 43 (U.S. Driving without License) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 3 (1) and the proviso to Article 3 (2) 7 of the Act on Special Cases concerning the Settlement of Traffic Accidents, and Article 268 of the Criminal Act concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of a sentence of imprisonment without prison labor for the crime of violation of traffic law at the option of a sentence, and the crime of violation of the Act on Special Cases concerning the Settlement of Traffic Accidents;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act [the scope of recommended punishment] shall be the general traffic accident.

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