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(영문) 의정부지방법원 고양지원 2017.09.21 2017고단2303
교통사고처리특례법위반(치상)등
Text

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

Reasons

Punishment of the crime

1. On June 27, 2017, the Defendant violated the Road Traffic Act (unlicensed driving) driving the B Trate vehicle without a driver’s license in a section of about 5 km from the Seo-gu, Seo-gu, Seoyang-gu, Seoyang-si to the front side of the bus stops of the Agricultural and Fishery Product Center bus stops at the Agricultural and Fishery Product Center, Seo-gu, Seoyang-gu, Seoyang-gu, Seoyang-si.

2. The defendant is a person who is engaged in driving of the B Twit vehicle in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents.

On June 27, 2017, the Defendant came to proceed with the front road in front of the bus stops of the Agricultural and Fishery Center bus stops of 168 agricultural and fishery products center from the virtue mobile room to the direction of a dialogue.

Since there are signals on the front side, there was a duty of care to properly look at the signal and the front side, and to prevent accidents by accurately manipulating the steering gear and the brakes.

Nevertheless, the Defendant was negligent in driving the vehicle while driving the vehicle on the front side of the Defendant, and received the back part of the C(W, 28 years old) driver's vehicle in the front side of the Defendant, which was the back part of the C(W) driver's vehicle in front of the Defendant.

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

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. A medical certificate;

1. Report on traffic accidents, a detailed statement of revocation of a driver's license, and application of Acts and subordinate statutes to the ledger of driver's licenses;

1. Relevant Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents by the Selection of Punishment, Article 268 of the Criminal Act (the occupation and the de facto occupation, the choice of imprisonment without prison labor), Article 152 Subparag. 1, and Article 43 of the Road Traffic Act (the unauthorized driving, the choice of imprisonment without prison labor) concerning criminal facts;

1. The reasons for sentencing under the former part of Article 37 of the Criminal Act, Articles 38(1)2 and 38(2) and 50 of the said Act (within the scope of the total of long-term punishments) are as follows: (a) the Defendant, while driving without a license during the period of suspension of execution, was discovered twice during the period of suspension of execution and was punished as each fine.

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