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(영문) 의정부지방법원 2018.10.17 2018고단1487
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for not less than two months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

(e).

Reasons

Punishment of the crime

On March 21, 2018, the Defendant was sentenced to imprisonment for six months with prison labor for a violation of the Road Traffic Act (drinking driving) at the District Court on March 21, 2018, and the said judgment became final and conclusive on March 29, 2018.

The Defendant is a person who is engaged in driving BEAVV 125cc.

1. Around 07:40 on February 5, 2018, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) went at a speed of 60km in speed from the Si/Do 60km in the direction of the east-gu, east-si, at one-lane road at the entrance of the C Village at Dongbcheon-si, to a speed of 50km in the direction of the Si/Gun/Gu. On February 5, 2018, the Defendant changed the course to the village of the city in

In such cases, a person engaged in driving of a motor vehicle has a duty of care to safely drive the motor vehicle without impeding the course of the vehicle in driving after checking in advance the traffic conditions of the vehicle that he/she intends to change before changing course.

Nevertheless, the Defendant neglected this and was negligent in the course due to occupational negligence of changing the course of the Defendant, and was found to have the back of the driver's seat of the victim D (hereinafter referred to as 43 years old) who was in the same direction as the end of the accident, and received the front part of the driver's seat of the Defendant's vehicle.

Ultimately, the Defendant suffered injury to the above victim, such as salt, tensions, etc., in need of approximately two weeks of medical treatment due to occupational negligence.

2. The Defendant 1 driven a motor bicycle driver at the same time and place as set forth in the above paragraph 1, without obtaining a motor bicycle driver’s license.

3. The Defendant violated the Guarantee of Automobile Damage Compensation Act: (a) operated the foregoing urbine, which did not purchase mandatory insurance at the same time and place as the foregoing paragraph (1).

Summary of Evidence

1. Statement of the defendant in the court room and statement of the defendant in the first trial proceedings;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement of the police statement with D 1.

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