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(영문) 창원지방법원 진주지원 2017.12.12 2017고단745
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for six months.

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

(b) the defendant;

Reasons

Punishment of the crime

1. The Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) was a person engaging in driving a B B B-S car, and the Defendant was driving the said car around August 6, 2017, along the two-lanes from the “Sacheon Library” to the “Sacheon Library” side of Sacheon City, on the roads immediately preceding the entry of the new distance in the center of Sacheon City, by driving the said car at around 15:00.

There are three roads prior to the entry into the three-distance intersection, and the defendant's front bank had a DNA QM3 passenger vehicle of the victim C(40 years old) who was stopping under the suspension signals, so the driver of the motor vehicle has a duty of care to maintain the safety distance with the front vehicle, keep the right and the right and the right, and drive the motor vehicle safely.

Nevertheless, the Defendant neglected to do so and was negligent in proceeding without obtaining a driver’s license and received the part of the above victim’s vehicle behind the Defendant’s vehicle and the part behind the Defendant’s vehicle.

As a result, the Defendant suffered injury to the above victim, such as brain-dead sugar, which requires the treatment of about two weeks due to such occupational negligence, and injury to the victim E (V, 42 years of age), who is the passenger of the victimized vehicle, for about two weeks of medical treatment.

2. On the same day, the Defendant driven the said car without obtaining a driver’s license from the “Sajin Subdivision Recreation Park” located in Sacheon-si, Sacheon-si, to the road located in the center of the same city from the “Sajin Subdivision Park” to the road located in the same city, and without obtaining a driver’s license from the 7km section.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Reporting on the occurrence of a traffic accident, reporting on a traffic accident, and on-site photographs;

1. Investigative into the ledger of driver's licenses (A) and the main office;

1. Application of each medical certificate and Acts and subordinate statutes on medical records;

1. Article 3(1) and proviso of Article 3(2)7 of the Act on Special Cases concerning the Settlement of Traffic Accidents under the relevant Act concerning criminal facts, and Article 268 of the Criminal Act (traffic accident)

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