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(영문) 대전지방법원 2018.04.18 2017고단4086
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 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 B car.

On September 2, 2017, the Defendant driven the said car without obtaining a driver’s license from around 17:10 on September 2, 2017, and 5 km from the 4rd side of the road in front of the D cafeteria, Seo-gu, Daejeon, Seo-gu, to the speed of about 40 km.

Since there is a central line, a person engaged in driving service has a duty of care to prevent accidents by safely proceeding along the right-hand side of the central line without impairing the central line.

Nevertheless, the Defendant neglected this and got the front part of the motor device bicycle driven by the victim E (30 ) which was normally proceeding in the opposite part while he gets in the opposite part while he gets in mind the center line of the yellow real line, and got in the front part of the motor device bicycle driven by the victim E (30 ).

Ultimately, the Defendant caused injury to the victim due to the above occupational negligence, such as damage to the body parts of the minor body, which requires approximately two weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Police statements of E;

1. A traffic accident report;

1. The driver's license ledger;

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

1. Relevant Article 3 (1), the proviso to Article 3 (2) 2 and 7 of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, Article 268 of the Criminal Act (the occupation and the real occupation, the choice of imprisonment without prison labor), Article 152 subparagraph 1, and Article 43 of the Road Traffic Act concerning facts constituting an offense;

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. The reason for sentencing under Article 62-2 of the Criminal Act, including an order to observe the order to attend a lecture, and an order to attend a community service order, committed the instant crime again despite the fact that the Defendant had been punished several times for the same crime, and there is a need to strictly punish the instant accident in that the Defendant committed the central line under the influence of a license.

(b).

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