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(영문) 대구지방법원 2017.01.24 2016고단5132
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving a math freight vehicle B.

On July 31, 2016, the Defendant driven the said car without obtaining a driver's license on the said car, and got the front of the D department stores located in G at the time of Gyeongsan-si to turn to the left at the front of D department stores from the off-distance flood.

In such cases, there was a duty of care to make a left-hand turn after checking the right and left-hand turn prior to the left-hand turn and checking the safety of the career.

Nevertheless, the Defendant neglected this and neglected to turn to the left, caused the victim to go beyond the ground by taking the victim E (57) driving FS Q125 Orala, which was proceeding on the left-hand side of the Defendant’s driving freight according to the direction of the proceeding.

As a result, Defendant 1 suffered from the Defendant’s negligence in the course of performing the above duties abundance of pressure 12 times in a 8-day period of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes to the ledger of driver's licenses, photographs, and a survey report on actual condition;

1. Relevant Article of the Act on Special Cases Concerning the Settlement of Traffic Accidents, Article 152 subparagraph 1 of the Road Act, Article 152 and Article 43 (Unlicensed Driving, Selection of Imprisonment), Article 3 (1) and the proviso to Article 3 (2) 7 of the Act on Special Cases Concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act (the occupation on duty and on duty, and Selection of imprisonment without prison labor);

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 38 (2), and 50 of the said Act for the increase of concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Code of the Order to Attend a lecture and the Order of Community Service [the scope of recommended punishment] No person who does not have the basic area (4-1 year or more) (the person subject to special sentencing) [decision of sentence] (decision of sentence] The following circumstances and the defendant's age, sex, family behavior, family relation, family environment, motive and means of the crime, circumstances after the crime, etc. are indicated in the records of this case.

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