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(영문) 춘천지방법원 강릉지원 2014.03.26 2013고단871
교통사고처리특례법위반등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a Brenren car.

1. On November 19, 2013, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (hereinafter “Special Cases Concerning the Settlement of Traffic Accidents”) was driving the said vehicle in the direction of “Yecheon Elementary School”, which is located in the Yecheon-dong at the same time, from “Yecheon-si” to “Yecheon-si 5 Apartment Housing” without obtaining a driver’s license.

A person engaged in driving of a motor vehicle has a duty of care to closely see the front side and to safely drive the motor vehicle while maintaining a safe distance with the front vehicle.

Nevertheless, the Defendant neglected his duty of care and neglected to do so, thereby causing injury to the victim, such as cutting the bones of the bones, which requires approximately four weeks of medical treatment to the victim, following the victim C (the victim 57 years old) who was in the front line of the Defendant’s vehicle (the victim 57 years old), compared to the front part of the Defendant’s vehicle.

2. The Defendant violated the Road Traffic Act (unlicensed Driving) without obtaining a driver’s license at the above time, operated a section of approximately one kilometer from the front side of the "Secheon Industrial Complex" in the transmission operation in the same year at the same time to the front side of the "Yecheondong Elementary School" in the same year at the same time.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. The actual condition survey report;

1. A medical certificate;

1. Application of Acts and subordinate statutes to the driving license ledger;

1. Article 3 (1), the proviso of Article 3 (2) and Article 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. former part of Article 37, and Articles 38 (1) 2 and 38 (2) and 50 of the Criminal Act among concurrent crimes [the punishment shall be increased by concurrent crimes stipulated in the crime of violating the Act on Special Cases concerning the Settlement of Traffic Accidents with Excessive Punishment, but shall be punished by imprisonment with prison labor (the maximum punishment of two crimes shall be aggregated);

1. Article 62 of the Criminal Act:

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