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(영문) 대구지방법원 상주지원 2017.01.24 2016고단468
교통사고처리특례법위반(치상)등
Text

1. The defendant shall be punished by imprisonment for six months;

2. Provided, That the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive;

3.

Reasons

Punishment of the crime

1. The Defendant in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents is a person who is engaged in driving motor vehicles B or II.

On September 30, 2016, the Defendant driven the above cargo vehicle around 17:25, and continued the intersection of the D three-way distance in front of the Gyeongcheon-gun C in the Gyeongcheon-gun of the Gyeongcheon-do from the direction of the wind to the bottom of the west-do.

At the time of the accident, the injured person was under the duty of care to care to prevent the accident by accurately manipulating the steering area and the steering system in that case, as the injured person was in the course of getting off the bus from the urban bus without permission, and thus, the person engaged in driving service had a duty of care to prevent the accident by accurately manipulating the steering area and the steering system.

Nevertheless, the Defendant neglected this and did not properly examine the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and

As a result, the Defendant suffered injury to the victim, such as the following and the pelvise’s tymorry which require approximately three weeks of medical treatment due to the above occupational negligence.

2. The Defendant, who violated the Road Traffic Act (unlicensed Driving), driven the B-II cargo vehicle without the driver’s license at the time and place specified in the above paragraph (1).

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Reporting on the occurrence of a traffic accident, reporting on a traffic accident, conducting an on-site photograph of an accident, obtaining a driver's license register, and applying a medical certificate to statutes;

1. Relevant Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, Article 268 of the Criminal Act (the occupation and loss of duties, the choice of imprisonment without prison labor), subparagraph 1 of Article 152 of the Road Traffic Act, and Article 43 of the Road Traffic Act (the occupation of unauthorized driving, the selection of imprisonment with prison labor) concerning criminal facts;

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 38 (2), and 50 of the said Act for the increase of concurrent crimes;

1. Article 62(1) of the Criminal Act (in agreement with the injured party, a person who causes damage shall be punished by the accused;

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