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(영문) 의정부지방법원 2017.04.18 2016고단4960
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 a period of three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The Defendant is a person who is engaged in driving a freight vehicle B- E in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents.

On October 27, 2016, the Defendant driven the above cargo without obtaining a driver's license of a motor vehicle on October 27, 2016, and proceeded into the front road of the D, located in Sincheon-si C, at the Myeon of Sincheon-si located in Sincheon-si, in the Myeon of Sincheon-si, and 674, as the country of Sincheon-si, the Defendant sold the said cargo to the Guncheon-si.

At all times, there is an intersection where a sign to make a left-hand turn or a walking signal is installed, so in such cases, the driver of the motor vehicle has a duty of care to prevent accidents in advance by safely driving the motor vehicle by safely driving it when the vehicle signal, etc. is sent to the left-hand turn or when the pedestrian signal is sent to the person engaged in driving the motor vehicle, and when there is a vehicle driving on a U-turn road, the driver of the motor vehicle has a duty of care to safely prevent accidents.

Nevertheless, the Defendant neglected to stop this and found a Fresh two-wheeled vehicle driving by the victim E (80) who was going to go to the opposite direction from the fresh of the government to the fresh in accordance with green straight lines, which was going to the fresh in the opposite direction, but the Defendant did not stop the said cargo and did not stop the said cargo, and caused the victim to go to the front part of the Defendant’s two-wheeled vehicle by shocking the side of the victim’s two-wheeled vehicle.

As a result, the Defendant suffered injury, such as cutting the body frame, etc., to the victim for about five weeks of medical treatment due to such occupational negligence.

2. The Defendant violated the Road Traffic Act (unlicensed Driving) driving on the 4km section of the car without obtaining a driver’s license from the head of Sincheon-si G-si to the place as referred to in the above 1 paragraph (1) at the time of the same day. The Defendant driven B-Ma cargo cars without obtaining a driver’s license from the head of Sincheon-si, Ma-si.

Summary of Evidence

1. The defendant's person;

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