logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 고양지원 2018.10.19 2018고단1607
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten 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 CSP car.

On April 30, 2018, the Defendant driven the said car without a driver's license on April 30, 2018, and led to the course from the point of 64 km of the Manyang-gu, Seoul, other than Seoul, to the direction of the course of transmission from the point of 64 km of the Manyang-gu.

In such cases, the driver of the vehicle has a duty of care to prevent accidents in advance by safely driving the vehicle along the lane.

Nevertheless, the Defendant neglected to do so and caused the injury to the injured party F (the age of 46) who was driving on the said expressway at the point of 68 km on the said expressway due to the negligence of driving on the road at the point of 64 km on the said expressway, and caused the injured party F (the age of 38) who was driving on the said expressway to shock the central separation stand where the injured party D (the age of 38) was trying to avoid the said sprink car at the point of 68 km of the said expressway, thereby getting the injured party F (the age of 46) who was driving on the said expressway, to the extent that the injured party D and the said spice car tried to avoid the said spke car at the point of 68 km of the said expressway. The Defendant sustained the injury of the injured party G (the age of 10) who was driving on the said spice car for about two weeks in need of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A written statement;

1. A survey report on actual conditions;

1. The driver's license ledger;

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

1. Subparagraph 1 of Article 152 of the Road Traffic Act and Article 43 (U.S. Driving without License) 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 on Special Cases concerning the Settlement of Traffic Accidents, and Article 268 of the Criminal Act concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of a sentence of imprisonment without prison labor for the crime of violation of traffic law at the option of a sentence, and the crime of violation of the Act on Special Cases concerning the Settlement of Traffic Accidents;

1. The former part of Article 37 of the Criminal Act, Article 38(1)2 and Article 38(2) and Article 50 of the Criminal Act, which provides for a crime of causing concurrent crimes (the injury or injury caused by a violation of the Act on Special Cases concerning the Settlement of Traffic Accidents which has no heavier punishment).

arrow