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(영문) 부산지방법원 2019.06.20 2019고단625
교통사고처리특례법위반(치상)등
Text

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a radar car.

On January 1, 2019, the Defendant driven the said car without obtaining a driver's license on January 1, 2019, operated a section of about 400 meters in front of the F in Busan, Jin-gu, Busan, about one lane, from the D neighboring road located in Busan, to the F in Busan, and proceeded in the direction of the Jeonpo-dong Kapo-distance from the direction of the Central Public Security Center depending on one lane in front of the F. F.

Since there is an intersection where a signal, etc. is installed, the person engaged in driving service has a duty of care to reduce the speed and to drive safely in accordance with the signals.

Nevertheless, as a result, the Defendant neglected to do so and was negligent in driving his vehicle and immediately left to the right side of the direction of the Defendant’s proceeding by the negligence that was left to the red flickering signal without obtaining a driver’s license, and received the part of the front part of the victim G(38 years old) driving in front of the HMW car from the Defendant’s driving to the port side of the said vehicle.

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

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. A medical certificate;

1. A traffic accident report, a written statement showing the occurrence of each traffic accident, and a report on internal investigation;

1. Photographss related to traffic accidents, black images of damaged vehicles, caps of screen images of damaged vehicles, photographs of screen images of parking and stopping CCTVs at the seat of a harming vehicle, and investigation reports (attached to the production of CDs in damaged vehicles);

1. Application of the statutes on the register of driver's licenses;

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, Article 268 of the Criminal Act, subparagraphs 1 and 43 of Article 152 of the Road Traffic Act concerning criminal facts;

1. Aggravation for concurrent crimes;

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