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(영문) 대구지방법원 김천지원 2021.01.13 2020고단859
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 of a car in B SP area.

1. Around April 6, 2020, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) driving the said car at around 07:50, and led D front roads in the Gu and U.S. C to go through the E apartment room from the new four-distance outflow.

At the same time, the passenger car driven by the victim F (F, South and fifty-eight years old) was a stop. In such a case, the driver of the vehicle has a duty of care to safely operate the steering system and the steering system by accurately manipulating the steering system and the steering system.

Nevertheless, the Defendant neglected this and got the victim's motor vehicle behind the victim's motor vehicle without the driver's license and received the victim's motor vehicle behind the driver's vehicle.

As a result, the Defendant suffered, from the above occupational negligence, the victim H (the 53 years old), who is a passenger of the franchise car, with approximately two weeks of medical treatment. In addition, the Defendant suffered, respectively, the injury of the franchise, tension, etc. of the bones of wood, which requires approximately two weeks of medical treatment.

2. Violation of the Road Traffic Act (unlicensed Driving) driving of the said vehicle without obtaining a driver's license from the section of approximately 16 km from the first road of the Si/Gu, Si, Si, Gu, Si, I to the front road of D in the same city C on the day referred to in paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. The actual survey report and on-site photographs;

1. Each written diagnosis;

1. Application of Acts and subordinate statutes to inquiries into the ledger of driver's licenses and the main office;

1. Relevant Article 3(1) and the proviso to Article 3(2)7 of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the relevant Act and the Selection of Punishment, Article 268 of the Criminal Act (the occupation and practical occupation, the selection of imprisonment without prison labor), Article 152 Subparag. 1 and Article 43 of the Road Traffic Act (the occupation of driving without a license, the selection of imprisonment with prison labor);

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

1. Selection of penalty;

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