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(영문) 대구지방법원 2019.01.11 2018고단4671
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

The Defendant is a person engaged in driving CR-V automobiles.

On August 2, 2018, the Defendant driven the said car without obtaining a driver's license on August 14:30, 2018, and operated the front road of Yongcheon-si, Yongcheon-si, directly from D to Sriririririri-distance.

Since there is a place where the center line of yellow solid lines is installed, a person engaged in driving service has a duty of care to safely proceed along the lane without breaking the center line.

Nevertheless, the Defendant neglected this and neglected to operate the center line with the negligence, and received the front part of the passenger vehicle in front of the passenger vehicle in front of the passenger vehicle by the victim E (the 59-year-old) who was driving in the direction D from Sririririririririly to “D.”

As a result, the Defendant suffered, by such occupational negligence, injury to the victim G (the age of 67) who was on the part of the victimized vehicle, such as cutting the bones of a single falll, other than the falll fus, which requires approximately 4 weeks of medical treatment, or injury to the victim G (the age of 67) who was on the part of the victimized vehicle, including the bones of the bones and bones of the bones that require approximately 6 weeks of medical treatment, and injury to H (the age of 62) who was on the part of the same passenger of the same vehicle accompanied by a non-falll fallle that requires approximately 8 weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. Each written diagnosis;

1. A report on the occurrence of a traffic accident, a traffic accident report, and a photograph of the accident site;

1. Application of the statutes on the vehicle driving license register of defendants;

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of penalty, imprisonment without prison labor and imprisonment, respectively;

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

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