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(영문) 대전지방법원 2015.03.17 2014고단4073
교통사고처리특례법위반등
Text

A defendant shall be punished by imprisonment for 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 driving a Cren car.

On December 24, 2009, the Defendant driven the said car without obtaining a driver's license on December 10, 2009, and driven the said car to the sloping distance from the front side of the Korean Space Research Institute, which is located in the area of the Dogs of Daejeon Pung-gu, Daejeon, along the two-lanes of the two-lane road.

Since the place is a three-distance intersection with signal apparatus, there was a duty of care to safely drive a motor vehicle by way of keeping the front door and the left and right of the person engaged in the driving of the motor vehicle well, and accurately manipulating the steering direction and the brake system to avoid the preceding vehicle stopped for the signal atmosphere.

Nevertheless, the Defendant neglected to do so and was at the latest operated by the Defendant, due to his negligence, committed the back part of the victim D's rocketing car, which was a prior vehicle going through the intersection at the place of the signal, with the front part of the Defendant's driving car.

Ultimately, the Defendant suffered injury to the above victim, such as salt, tension, etc. of the bones of wood, which requires medical treatment for about two weeks, due to the above occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. A medical certificate;

1. Application of the statutes on the register of driver's licenses;

1. Article 3 (1), the proviso to Article 3 (2) or 7 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, subparagraph 1 of Article 152 of the Road Traffic Act, and Article 43 of the Road Traffic Act concerning facts constituting an offense;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2 and (2), and Article 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act (Article 62 (1) of the Criminal Act shall apply to suspended execution (the fact that the injured party is not subject to the punishment of the accused and is against depth);

1. Probation and lecture attendance order shall be decided as per the Disposition on the grounds of Article 62-2 of the Criminal Act or more;

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