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(영문) 대전지방법원 천안지원 2020.04.10 2019고단2886
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 two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. The defendant is a person who drives BM5 vehicle volume in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury).

On May 29, 2019, the Defendant, at around 10:30 on May 29, 2019, proceeded at the speed of 407-6 in front of the intersection from the horizontal intersection direction to the horizontal intersection direction without a driver's license.

At all times, there is an intersection where a red flickering light is operated and a signboard of prohibition of direct extinguishment is installed.

In such cases, the driver of a motor vehicle has the duty of care to temporarily stop the red on-and-off lights and to check whether there is a vehicle passing through the intersection by checking the front side well, and to prevent accidents in advance by driving safely according to the traffic signal.

Nevertheless, even if the Defendant neglected this and was not in a direct position without a driver’s license, the Defendant continues to temporarily stop and continues to drive at the same speed.

On the right side of the course, the victim C (hereinafter referred to as C, 34 years old) driven by a cross-section on the yellow flickering light from the right side of the course to the right side of the defendant's vehicle size, the front part of the vehicle size and the right side of the defendant.

Ultimately, the Defendant suffered injury to the victim by negligence in the above business, such as cutting the frame of the body at the bottom of both the body and the body of the aggregate, which requires approximately nine weeks of medical treatment.

2. Around 10:30 on May 29, 2019, the Defendant driven the said vehicle at a section of about 1km in front of the intersection road located in Seoan-gu, Seoan-gu, Seoan-gu, Seoan-gu, Seoan-si, Seoan-si, Seoan-gu, Seoan-gu, Seoan-gu, Seocheon-si, with no driver’s license.

Summary of Evidence

1. Defendant's legal statement;

1. C's statement on the occurrence of traffic accidents;

1. A medical certificate;

1. Traffic accident reports, traffic accident situations reports, related photographs, driver's license registers (A), investigation reports (flocing video data files) are applicable to the Act.

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