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(영문) 광주지방법원 해남지원 2018.06.14 2018고단138
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

The Defendant is a person who is engaged in driving of fixed cargo C.

On March 16, 2018, the Defendant, without a driver's license of a motor vehicle on March 16, 2018, proceeded with a road of Do in front of the Southern-gun of the Republic of Korea into the surface of North Korea from the Dogsan-do.

At the same time, there was a road in which a central line is installed, and thus, a person engaged in driving service has a duty of care to prevent accidents in advance by carrying out the operation without breaking the central line.

Nevertheless, the Defendant neglected this and proceeded with the central line without a driver's license, and caused the injury to the victim E (the 65-year old-old driver's license) of the troped passenger vehicle in front of the left side of the Defendant's cargo vehicle in front of the left side of the Defendant's cargo vehicle, and caused the injury to the victim F (the 57-year-old driver's license), who is the passenger of the damaged vehicle, for a period of 2 weeks of the need for a two-day medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. The driver's license ledger;

1. Each written diagnosis;

1. Application of statutes on field photographs;

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

1. Punishment provided for in Articles 40 and 50 (Punishment of a person who commits a violation of the Act on Special Cases concerning the Settlement of Traffic Accidents and a violation of the Act on Special Cases concerning the Settlement of Traffic Accidents against F with heavy criminal standing) of the Commercial Concurrent Crimes Act;

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. The former part of Article 37 of the Criminal Code, Article 38(1)2 of the Criminal Code, which increases concurrent crimes.

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