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(영문) 광주지방법원해남지원 2020.08.13 2020고단107
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The defendant is a person who is engaged in driving service of B or knife under the Act on Special Cases concerning the Settlement of Traffic Accidents;

On February 25, 2020, the Defendant driven the above van at around 10:05, and led the front of the ice Park at the 220-lane, as the report of the head of the Eup of the Eup of the Ynam-gun, Jeonnam-do.

At the same time, there was a crosswalk installed by other pedestrians, so in such a case, the driver of the motor vehicle has a duty of care to check whether there is a pedestrian, to accurately operate the brake and steering gear, and to prevent accidents in advance, such as failing to drive the motor vehicle without obtaining a driver's license.

Nevertheless, the defendant neglected this and neglected the duty of front-time care without obtaining a driver's license and neglected to do so, thereby standing the crosswalk from the right side of the defendant to the left side, and caused the victim to go beyond the floor.

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

2. Around 10:05 on February 25, 2020, the Defendant was driving Bone Star or Hamcom without obtaining a driver’s license at a section of about 16 km from the front of the ice Do road in front of the residence of the Defendant in F of the west-do, Jeonnam-gun, Seoul, to the front of the ice Do-do-Eup, the front of which was 220 km, without obtaining a driver’s license.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Report on the occurrence of a traffic accident and the actual survey report (TCS) (A);

1. On-site CCTV images closure photographs;

1. A medical certificate;

1. Application of the Acts and subordinate statutes on the ledger of driver's licenses.

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