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(영문) 대전지방법원 홍성지원 2020.05.26 2019고단856
교통사고처리특례법위반(치상)등
Text

The punishment of the accused shall be four months by imprisonment.

Reasons

Punishment of the crime

1. The Defendant in violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents is a person who is engaged in driving Brocketing traffic cargo vehicles.

On May 23, 2019, the Defendant driven the above cargo vehicle without obtaining a driver's license on May 23, 2019, and turned back the front road of the B apartment apartment from the above C apartment to the C apartment parking lot.

In this case, the driver of the vehicle has a duty of care to prevent accidents by accurately manipulating the direction and the direction and the direction of the driver of the vehicle, and accurately manipulating the steering direction and the system of the vehicle.

Nevertheless, the Defendant neglected to do so and neglected to do so, and neglected to do so, caused the victim D (the age of 49) who walked behind the above cargo vehicle due to the negligence of proceeding, to go beyond the road by shocking the victim D (the age of 49) following the above cargo vehicle.

As a result, the Defendant suffered injury to the victim by occupational negligence, such as cinal salt, which requires approximately three weeks of medical treatment.

2. Violation of the Road Traffic Act (Free Driver’s License) driving of a vehicle without obtaining a driver’s license within approximately 100 meters from the front of “F” in the Si Apartment-si, Chungcheongnam-si, Chungcheongnam-si, the Defendant, at the same time.

Summary of Evidence

1. Defendant's legal statement;

1. Each traffic accident report and report on internal investigation (victim D telephone call);

1. Registers of driver's licenses;

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

1. Relevant legal provisions concerning criminal facts, Article 3 (1), the proviso to Article 3 (2) and Article 3 (7) of the Act on Special Cases concerning the Settlement of Traffic Accidents in the Selection of Punishment, Article 268 of the Criminal Act, Article 152 subparagraph 1 of the Road Traffic Act, and Articles 152 and 43 of the Road Traffic Act;

1. Grounds for sentencing under the former part of Article 37, Article 38 (1) 2 and (2), and Article 50 of the Criminal Act among concurrent crimes;

1. Scope of recommended sentences according to the sentencing criteria;

(a) Class 1:

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