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(영문) 창원지방법원 마산지원 2020.01.07 2019고단1017
교통사고처리특례법위반(치상)등
Text

1. Defendant A shall be punished by imprisonment with prison labor for six months.

However, the execution of the above punishment for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Defendant A is a person who is engaged in driving a car at the horse registry.

On September 20, 2019, the Defendant driven the said vehicle without a driver's license on September 20, 2019, and proceeded directly with the road of one lane in front of the E-cafeteria in the Hannam-gun, Hannam-do.

In such cases, there was a duty of care to prevent accidents by accurately manipulating the steering team and the steering gear for those engaged in driving service.

Nevertheless, this part of the back part of the private wheels which was driven by the victim B who was under the direct progress of the same room from the bend of the bend of the Defendant vehicle due to negligence, while neglecting it, was shocked by the front side of the Defendant vehicle.

Ultimately, the Defendant caused the victim by negligence in the above business, thereby causing damage to the fresh and power lines that require approximately three weeks of treatment.

2. Defendant B is a person who has received a summary order of KRW 3 million from the Changwon District Court on May 1, 2015 due to a violation of the Road Traffic Act (driving) in relation to the violation of the Road Traffic Act, etc.

On September 11, 2019, at around 20:40, the Defendant driven a private-wheeled land with no mandatory insurance without a driver’s license in the state of alcohol concentration of about 0.114% while under the influence of alcohol at about 1km from the G Village in Haan-gun, Hanam-gun to the place where the said accident occurred.

Summary of Evidence

1. Defendants’ respective legal statements

1. The actual condition survey report;

1. Photographs of the accident site;

1. The register of driver's licenses;

1. The circumstantial statement of the employee;

1. Investigation report (report on the circumstances of an immigration driver);

1. Notification of the control of drinking driving;

1. A medical certificate;

1. Before Defendant B’s judgment: Application of criminal records, etc. inquiry reports (B) and summary order (B) Acts and subordinate statutes;

1. Defendant A of the relevant Article of the Act on Special Cases concerning the Settlement of Traffic Accidents: Article 3(1) and the proviso to Article 3(2)7 of the Act, and the Criminal Act.

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