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(영문) 광주지방법원 2018.09.20 2018고단3056
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 a period of 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 of a fwing cargo vehicle B.

On March 5, 2018, the Defendant driven the above cargo without obtaining a driver's license on March 13:30, 2018, and continued to drive the said cargo along the intersection of the static railway distance from the side of the East University.

Since there is an intersection with a signal apparatus, a person engaged in driving of a motor vehicle has a duty of care to prevent accidents by driving the signal apparatus according to the direction of the signal apparatus.

Nevertheless, the Defendant neglected this and proceeded to turn to the waterside park due to the negligence of violating the stop signal while leaving it as it is, and received the part above the left side of the victim C(34 ) driver's DocM5 car driver's Doc- driver's Doc- driver's Doc- driver's Doc- driver's Doc-on on the left side of the said cargo vehicle.

After all, the Defendant suffered, by the above occupational negligence, the injury of the victim E (V, 29 years old), victim F (4 years old), and victim G (V, 2 years old), etc., on the part of the victim C and the above SM5 car.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A survey report on actual conditions;

1. The driver's license ledger (No. 21 No. 544, Mar. 1, 19

1. Investigation report (including the signal system description attached to the signal system);

1. Each written diagnosis;

1. A map at each accident site;

1. Application of Acts and subordinate statutes concerning traffic accident evidence photographs;

1. Article 3 (1), the proviso to Article 3 (2) 1 and 7 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, subparagraphs 1 and 43 of Article 52 of the Road Traffic Act concerning criminal facts;

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

1. Determination of imprisonment without prison labor for the crime against the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents in the Selection of Punishment and the Violation of Road Traffic Act;

1. Aggravation concurrent crimes;

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