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(영문) 광주지방법원 순천지원 2019.09.26 2019고단1544
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

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

On June 28, 2019, the Defendant driven the said car without obtaining a driver's license at around 16:30 on June 28, 2019, and led to turn to C from the right side of the lower side the three-way intersection in the name of the Silcheon-si, the area of the Silcheon-si

Since there is a place where traffic is not controlled, there was a duty of care to confirm whether there is a cross-road vehicle by reducing the speed or temporarily suspending the vehicle.

Nevertheless, the defendant neglected to turn to the right without obtaining a driver's license and neglected to turn to the left, and the victim D (58 years of age) driven by the right-hand side of the driving direction, which was driven by the victim D(58 years of age).

Ultimately, the Defendant suffered injury to the victim, such as salt, tension, etc., 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 vehicle B C without obtaining a driver’s license at the time and place specified in paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. Registers of driver's licenses;

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

1. Article 3 (1), the proviso to Article 3 (2) and Article 3 (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. As to the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents by Selection of Punishment, imprisonment without prison labor and without prison labor for the violation of the Road Traffic Act;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2 and (2), and Article 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. The defendant shall drinking alcohol for sentencing under Article 62-2 of the Criminal Act with regard to orders to provide community service and attend lectures.

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