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(영문) 청주지방법원 2016.11.24 2016고단1475
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for six months.

except that 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

On May 13, 2016, the Defendant, who is engaged in driving a D-crui-kin car, driven the said car without a driver's license on May 13, 2016, and led to a three-lane road in front of the F Hospital in Cheongju-si E, to drive at a low speed depending on the elevation of the road from the surface of the city at the city to the window.

At the time, it is an intersection in which signal lights are installed at night and at the front, so the driver of the motor vehicle had a duty of care to live well on the front side and the left, and to prevent the accident in advance by safely driving the motor vehicle in accordance with the new code.

Nevertheless, without a driver’s license, the Defendant neglected the above duty of care and went into the yellow signal, while entering the intersection as is, and was negligent by entering the intersection, and received the left-hand side of the victim G(57 years old) driver’s license from the right-hand side of the instant car as the front side of the said car.

Ultimately, due to the above occupational negligence, the Defendant suffered injury to the victim, such as the face-to-face visit exit, etc. which requires approximately 12 weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Statement of the police officer to I;

1. A written statement of the G production;

1. A survey report on actual condition, the register of driver's licenses, traffic signal on the port, and CCTV video;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 3 (1), the proviso to Article 3 (2) 1 and 7 of the Act on Special Cases concerning the Settlement of Traffic Accidents concerning Criminal Facts; Article 268 of the Criminal Act; Article 152 subparagraph 1 and Article 43 of the Road Traffic Act;

1. Selection of a sentence of imprisonment without prison labor (violation of the Act on Special Cases concerning the Settlement of Traffic Accidents in the Market)

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2 and (2), and Article 50 of the Criminal Act;

1. The reasons for sentencing under Article 62(1) of the Criminal Act, the background of the instant accident, the degree of illegality of the Defendant’s negligence, and the gravity thereof.

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