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(영문) 서울남부지방법원 2017.02.28 2016고단381
교통사고처리특례법위반등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. The Defendant in violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents is a person who is engaged in driving a B-wing cargo vehicle.

On January 6, 2016, the Defendant driven the above cargo vehicle around 19:55, and changed the lane to the opposite lane while driving a two-lane road in the front direction of Guro-gu Seoul Metropolitan Government along the two-lanes due to an error from the IC bank to the station error.

At the time, since it is night, the defendant engaged in driving of a motor vehicle has a duty of care to pay attention to the movement of another motor vehicle thoroughly and safely to change the lanes.

Nevertheless, the Defendant, without a driver’s license, neglected the above duty of care and proceeded on the part of the left-hand side of the freight car of the Defendant, which was driven by the victim D(37) who was driven in the first lane by negligence without a driver’s license.

Accordingly, the Defendant suffered injury to the victim, such as the right 7, 8 cage cage cages, which requires approximately five weeks of medical treatment due to the above occupational negligence.

2. On January 6, 2015, the Defendant violated the Road Traffic Act (Non-licenseless Driving) driven the B wing-off freight vehicle from around 5 km to around 17 km due to opening Guro-gu Seoul Metropolitan Government at around 19:5, on the roads near ICT, to around 5 km from around the roads in Seoul Guro-gu without the driver’s license.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against D;

1. Reports of traffic accidents (1) , examinations of wheeled motor vehicles, diagnostic certificates, and application of Acts and subordinate statutes to the licensing ledger;

1. Relevant Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, Article 268 of the Criminal Act (the occupation and loss of duties, the choice of imprisonment without prison labor), subparagraph 1 of Article 152 of the Road Traffic Act, and Article 43 of the Road Traffic Act (the occupation of unauthorized driving, the selection of imprisonment with prison labor) concerning criminal facts;

1. The reason for sentencing under the former part of Article 37 of the Criminal Act, Articles 38(1)2 and 38(2), and 50 of the Criminal Act, which increases concurrent crimes.

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