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(영문) 대전지방법원 2018.07.19 2017고단4831
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for not less than eight 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

1. The Defendant is a person engaging in driving service of a vehicle with C investment vehicle.

On November 14, 2017, the Defendant driven the said vehicle without obtaining a driver's license of the said vehicle, and proceeded with a shooting distance near the Home Packer 72-6 of the measure-won-Eup at the time of the special self-government of Sejong Special Self-Governing Province with a shooting distance near the Home Packer.

A person engaged in driving of a motor vehicle has a duty of care to prevent accidents by driving the motor vehicle with a view to driving the motor vehicle well.

Nevertheless, the Defendant neglected this and neglected the front side of the vehicle without the driver’s license, and neglected to proceed with it, and received the back part of the victim D(35 tax) waiting in the signal signal at the bend side as the front part of the Defendant’s vehicle.

Ultimately, the Defendant, by occupational negligence, suffered injury to the victim, such as salt, tension, etc., of the bones of verted timber that requires approximately two weeks of medical treatment, and injury to the victim F (F, 35 years of age), such as salt, tension, etc., of the neck of the horse that requires approximately two weeks of medical treatment.

2. Violation of the Road Traffic Act (Unlicensed Driving) Defendant 1 driven the said car at a section of about 2 km from the Filisung Hospital located in the Seoul Special Self-Governing Province at the time of the above paragraph 1 to the private distance near the home flusium 72-6 of the same Eup at the time of Sejong Special Self-Governing Province, without obtaining a driver's license at the time of the above paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Two copies of the driver's license ledger and medical certificate;

1. Application of Acts and subordinate statutes governing accident scene photographs;

1. Article 3(1) and the proviso to Article 3(2) of the Act on Special Cases concerning the Settlement of Traffic Accidents under the relevant Act concerning criminal facts; Article 268 of the Criminal Act; Article 152 Subparag. 1 and 43 of the Road Traffic Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (only between violations of the Act on Special Cases concerning the Settlement of Traffic Accidents);

1. Selection of punishment, imprisonment without prison labor, and imprisonment;

1. The aggravated Criminal Act for concurrent crimes.

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