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(영문) 대구지방법원 서부지원 2018.06.19 2017고단2566
교통사고처리특례법위반(치상)등
Text

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

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

Reasons

Punishment of the crime

1. The Defendant violates the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) is a person who is engaged in driving a vehicle that drives a rocketing traffic freight.

On August 31, 2017, the Defendant driven the said cargo without obtaining a driver's license of a motor vehicle, and led the U.S. to drive the said cargo along the four-lane road in front of Daegu Seo-gu, Seo-gu, Seo-gu, with the direction of the four-lane distance from the horizontal four-lane.

Since there is an intersection that is not supported by traffic control, there was a duty of care to prevent accidents in advance after checking the traffic situation of the front side and the right side and the right side, and then checking the safety of the way.

Nevertheless, the Defendant neglected this and found the E 124C Orala, which is driven by the victim D (73 Dose) that is driven by the victim D(73 Dose) to the right-side distance, and caused the victim to go beyond the floor by shocking the victim's front right-hand part of the cargo of the defendant, with the front right-hand part of the cargo of the defendant.

Ultimately, the Defendant suffered injury to the victim, such as spine in need of approximately eight weeks of medical treatment, due to such occupational negligence.

2. On August 31, 2017, the Defendant driven the said cargo without obtaining a driver’s license from the front side of the lux apartment in Seo-gu, Daegu, Seo-gu, Daegu, about 61-gil, to the front side of the 2k-gu, Daegu, Seo-gu, Daegu, about 23:40 on the same day, from the front side of the lux apartment, to the front side of the 2k-gu, Daegu, Seo-gu.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A report on the occurrence of a traffic accident, an accident site photograph, and an investigation report on the actual condition of a traffic accident;

1. The driver's license ledger;

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

1. Article 3(1) and the proviso of Article 3(2)7 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act (the choice of a person injured on duty and by negligence and by negligence), and Article 152 of the Road Traffic Act concerning criminal facts.

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