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(영문) 대구지방법원 상주지원 2016.01.19 2015고단541
교통사고처리특례법위반등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. The Defendant violating the Act on Special Cases concerning the Settlement of Traffic Accidents is a person who is engaged in driving a Bmerc truck.

On August 26, 2015, at around 00:45, the Defendant driven the said vehicle without a driver's license and moved to the point of 73.7 km from the south-west IIC to the point of the flow of the sloping highway at the time of residing on the off-road.

Since there is a place where a motor vehicle is under high speed, a person engaged in driving service has a duty of care to prevent accidents by accurately manipulating the steering system and steering gear and accurately.

Nevertheless, the Defendant neglected this, while driving a vehicle while driving the vehicle on the roadside due to the negligence of driving the vehicle along the two lanes from the first lane to the second lane, and the D Treatment 14 ton of the victim C (the remaining, 56 years old) driving on the two lanes in the same direction, and caused the damaged vehicle to go ahead to the right side of the vehicle.

As a result, the Defendant suffered injury, such as the closure of a cage cages, including two cages that require approximately five weeks of medical treatment due to the above occupational negligence.

2. On August 26, 2015, the Defendant violated the Road Traffic Act (driving without a license) driving a truck from around 00:45, to around 73.7 km away from the seat of a swimming-free logistics warehouse located in the voice-gun of Chungcheongbuk-gun, to the seat of a petition located in the front-dong at the time of permanent stay, without a driver’s license, at approximately 150km section without a vehicle’s license.

Summary of Evidence

1. Statement by the defendant in court;

1. C's written statement related to traffic accidents;

1. A survey report on actual conditions;

1. Register of driver's licenses (34 pages of investigation records);

1. A medical certificate;

1. Application of statutes on site photographs;

1. Article 3(1) and the proviso of Article 3(2)7 of the Act on Special Cases Concerning the Settlement of Traffic Accidents According to the relevant Act and the Special Cases Concerning the Selection of Punishment, Article 268 of the Criminal Act (the occupation and practical occupation, the choice of imprisonment without prison labor), Article 152 Subparag. 1 and Article 43 of the Road Traffic Act (the driver without permission).

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