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(영문) 광주지방법원 2016.03.31 2015고단4751
교통사고처리특례법위반등
Text

A defendant shall be punished by imprisonment with prison labor for four months.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of C'Bing Motor Vehicles.

On October 28, 2015, the Defendant driven the said car without obtaining a driver’s license on a car at around 19:30 on October 28, 2015, and proceeded with a four-lane road in front of the 127 U.S., U.S. 119 Safety Center, U.S., 127, according to the Seoul Northernbuk-gu, according to one-lane from the shooting distance of the library, such as U.S. library.

In this case, the defendant had a duty of care to prevent accidents from smoke and safely drive the road by examining whether there is no pedestrian crossinging the road in the vicinity of the crosswalk where signal, etc. is installed, and thoroughly considering the left and right of the front side of the road.

Nevertheless, the defendant neglected the above duty of care and neglected the part of the bridge of the victim D (the 30-year old age) crossing the above road, which was the front part of the passenger car of the defendant.

Defendant had the victim receive approximately six weeks of medical treatment due to the above occupational negligence. Defendant 1 suffered from a serious satisfelg in need of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. A survey report on actual conditions;

1. A report on investigation (Attachment of a medical certificate);

1. Application of Acts and subordinate statutes to computerized data (motor vehicle driver's license ledger, tea inquiry, mandatory insurance inquiry, etc.);

1. Relevant Article 3 (1) and the proviso to Article 3 (2) 7 of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Punishment, Article 268 of the Criminal Act (the occupation and loss of duties, the choice of imprisonment without prison labor), Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (the occupation of a non-licensed driving, the choice of imprisonment), Article 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Automobile Compensation Act (the occupation of operating a vehicle with no mandatory insurance and the choice of imprisonment);

1. Grounds for sentencing under the former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 38 (2), and 50 of the same Act, as the punishment for concurrent crimes;

1. The scope of applicable sentences under law: Imprisonment for one month to seven years; and

2. The scope of recommended sentences based on the sentencing criteria: Imprisonment with prison labor for a period of one month to six months.

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