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(영문) 수원지방법원 2020.11.20 2020고단5075
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal power] On April 2, 2020, the Defendant was sentenced to the suspension of the execution of imprisonment with prison labor for larceny at the Suwon District Court on June 2, 202 and the judgment became final and conclusive on April 10, 2020.

【Criminal Facts】

[200 Highest 5075]

1. Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) by the Defendant is a person engaging in driving a rocketing or other car.

On April 9, 2020, the Defendant driven the said car on April 07, 2020 to drive it on a one-lane of 12 km away from the three-lane 12 km away from the Hannam-si Highway.

In this case, a person engaged in driving of a motor vehicle has a duty of care to prevent accidents in advance by obtaining a driver's license for the motor vehicle, accurately operating the steering gear, brakes, etc. of the motor vehicle, and safely driving the motor vehicle by checking well.

Nevertheless, the Defendant neglected this and neglected to obtain a driver’s license and neglected to do so, and instead neglected to do so, the Defendant received the back-paner of the DNA passenger vehicle driven by the victim C (Nam, 49 years old) who was driving in the front bank.

As a result, the Defendant suffered injury to the victim, such as salted tensions, tensions, etc. in the days of treatment by occupational negligence above.

2. The Defendant violated the Road Traffic Act (unlicensed Driving) at approximately 26 km section from the vicinity of the valley-gu, Suwon-si to the point of 12 km on the Taenam-si Highway located in Sungnam-si, Chungcheongnam-si, without obtaining a driver’s license.

around 16:35 on March 13, 2020, the Defendant, without obtaining a driver’s license, driven B rocketing car at a section of about 40km from March 13, 202 to the front road of Seocho-gu Seoul, Seocho-gu, Seoul.

Summary of Evidence

[200 Highest 5075]

1. Defendant's legal statement;

1. C’s statement;

1. The actual condition survey report;

1. The license ledger, the following inquiry;

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