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(영문) 전주지방법원 정읍지원 2019.02.14 2018고단539
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for six 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

Defendant

A has driven the C k5 vehicle that he rentals the Gu-gu B in the course of business.

On 04:50 on 06, 2018, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) driven the said vehicle without a driver's license, and proceeded ahead of the road D in the area adjacent to the former North Korean territory in the direction of screen from the cross-country bus terminal.

In such cases, a person engaged in driving of a motor vehicle shall accurately operate the steering system, brakes, and other devices of the motor vehicle, shall not drive the motor vehicle at a speed or in such a manner as to inflict any danger and injury on others according to the traffic conditions of the road and the structure and performance of the motor vehicle, and has the duty of care to report the traffic conditions on the front side well and to prevent accidents in advance by safely driving

Nevertheless, the defendant did not accurately handle the neglect, devices, etc. at the time of the front of the vehicle and shocked the street lamps and street trees on the right side of the vehicle.

As a result, the Defendant suffered by negligence in the course of performing his duties injury such as upper skill and damage to the surrounding land on the mouth of the mouth, which require approximately three weeks of treatment to F (F, South, and 19 years of age) who is the passenger of the vehicle.

B. The defendant violates the Road Traffic Act (unlicensed Driving).

Without the temporary border license of paragraph (1), approximately 1 km distance was driven from the front side of H to the same Gun and the front side of E in D.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning B;

1. Application of the provisions of Acts and subordinate statutes, such as a traffic accident report (actual survey report) and evidence on the scene of accident, photographic document, driver's 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. The punishment of imprisonment without prison labor shall be imposed against the crime of violation of the Act on Special Cases concerning the Settlement of Traffic Accidents;

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