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(영문) 서울중앙지방법원 2018.01.17 2017고단8051
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. On October 5, 2017, the Defendant violated the Road Traffic Act (unlicensed driving) driving a vehicle B-A6 vehicle from the section of approximately 500 meters between the road near the open-dong station in Gangnam-gu Seoul Metropolitan Government and the road near the 420-ro of war, Gangnam-gu, Seoul, to the road near the 3 complex near the open-ro 11 of the former Samsung, without obtaining a driver’s license for a vehicle around 06:00.

2. Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) is a person who is engaged in driving service of a car A6 car in Arididi.

On October 5, 2017, the Defendant driven the above car at around 06:10, and 33 and 4 roads at the entrance of Samsung-ro 11 in Gangnam-gu, Gangnam-gu, Seoul. The Defendant moved right by right along the four-lanes in the direction of the shooting distance at the entrance of the village in the Gugpo-dong.

There are two crossings, and the front side of the defendant, so there was a duty of care to safely drive the motor vehicle by accurately manipulating the steering gear and brake system to maintain the safety distance with the motor vehicle ahead.

Nevertheless, the defendant did not discover that the victim C(59) taxi driving that was proceeding on the front side of the defendant's vehicle without obtaining a driver's license as described in the above paragraph 1 and did not reduce the speed of the victim C(59) taxi driving and did not proceed with the above part of the back part of the above taxi with the driver's license.

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

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

1. A written statement on the occurrence of each traffic accident;

1. The driver's license ledger;

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

1. Article 152 Subparag. 1 and Article 43 of the Road Traffic Act (or choice of imprisonment), Article 3(1) and the proviso to Article 3(2) of the Act on Special Cases concerning the Settlement of Traffic Accidents concerning criminal facts.

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