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(영문) 의정부지방법원 2017.06.29 2017고단889
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

1. On February 14, 2017, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (hereinafter “Special Cases Concerning the Settlement of Traffic Accidents”) driven a CNEW EF rocketing car on a 08:00 and led the two-lanes of the three-lane two lanes in front of the Dondong-gu in the southyang-si.

At that time, there was a traffic signal, etc., and the defendant followed the vehicle driving ahead, so in such a case, there was a duty of care to maintain the safety distance to avoid the accident when the vehicle driving is stopped or driven by the driver, and to prevent the accident from occurring.

The Defendant neglected to do so and did not secure the safety distance with the front vehicle without obtaining a driver’s license, and did not properly secure the safety distance with the front vehicle, and caused the back part of the FNEW driving 26 years old to the front part of the Defendant.

Ultimately, the Defendant suffered injury to the victim, such as “influoral salt and tension,” which requires approximately two weeks of medical treatment by occupational negligence as above.

2. The Defendant violated the Road Traffic Act (unlicensed Driving) driving a CNEW EF rocketing car without obtaining a driver’s license from the sale housing parking lot located in the Dong-dong to the above accident site at the time southyang-si, Namyang-si, as indicated in paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. A survey report on actual conditions, the location of an accident, and an accident scene photograph;

1. Report on detection (driving without a license), report on the circumstances of driving without a license, and the register of driver's licenses (A);

1. Application of Acts and subordinate statutes of a medical certificate;

1. Relevant Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents by the Selection of Punishment, Article 268 of the Criminal Act (the occupation and the de facto occupation, the choice of imprisonment without prison labor), Article 152 Subparag. 1, and Article 43 of the Road Traffic Act (the unauthorized driving, the choice of imprisonment without prison labor) concerning criminal facts;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 of the Criminal Act:

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