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(영문) 대구지방법원 의성지원 2014.05.22 2014고단68
교통사고처리특례법위반등
Text

A defendant shall be punished by imprisonment for six months.

except that 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

1. Around 13:50 on March 27, 2014, the Defendant driving a DNA cargo vehicle without obtaining a driver’s license at a section of about 2 km from the Defendant’s house located in the Sung-gun of Seongbuk-gun, to the same ridong-gun, from around 13:50.

2. 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 DPoter freight.

On March 27, 2014, at around 13:50 on March 27, 2014, the Defendant started to proceed in front of the Dodong-dong Dodong-gun, Seongbuk-gu, Sungsung-do, Sung-do as the Do-Eup Myeon from the Do-do Myeon-si.

Since there is a vehicle ahead of the vehicle in the front direction of the defendant's vehicle in the two straight lines, there was a duty of care to ensure safety distance for those engaged in driving of the vehicle and to prevent accidents in advance by accurately manipulating the steering direction and brake system of the vehicle.

Nevertheless, the Defendant neglected to do so without a driver’s license and proceeded as it is, due to the negligence of the Defendant’s failure to drive the F bargaining Car of the victim E (the age of 24) (the age of 24) as it was the front part of the said cargo vehicle, and due to the shock, the Defendant had the said fright car loaded the g (the age of 70) driving in front of the said vehicle.

Ultimately, the Defendant suffered injury to the victim E, such as salt, tensions, etc. in need of approximately two weeks of medical treatment by occupational negligence, and injury to the victim G, such as salt, tensions, etc. in need of medical treatment for about four weeks.

Summary of Evidence

1. Defendant's legal statement;

1. A E-document;

1. Application of the Act and subordinate statutes to the ledger of actual condition surveys and field photographs, each diagnosis certificate, and the ledger of driver's license;

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

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

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