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(영문) 수원지방법원 여주지원 2013.12.09 2013고단531
교통사고처리특례법위반등
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for 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 C Poter cargo vehicle.

On April 16, 2013, at around 07:55, the Defendant driven the above cargo without a driver's license, and turned to the left at a speed of about 5 km per hour from the scar hotel to the right-hand side of the scar and the right-hand turn to the right-hand turn at the speed of 5 km.

Since there is a narrow alley length, there was a duty of care to check the right and the right and the right and to turn to the left to the left before they turn to the left.

Nevertheless, the defendant neglected this and went beyond the victim E (year 13) who was waiting to cross the road as it was by negligence to turn to the left, due to the shock of the bicycle driven by the victim D (year 13).

As a result, the Defendant suffered injury to the victim E at the bottom of the right frame, which requires approximately eight weeks of medical treatment, due to the above occupational negligence, and suffered injury to the victim D, such as fluoral salt, which requires approximately two weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. The actual survey report on traffic accidents (1) (2);

1. Accident site and vehicle photograph;

1. CCTV screen:

1. The driver's license ledger;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Article 3 (1), the proviso of Article 3 (2) and Article 7 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (the punishment prescribed for the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents, and the punishment for the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents against Victims E with heavy circumstances);

1. Punishment of imprisonment without prison labor for a violation of the Act on Special Cases concerning the Settlement of Traffic Accidents;

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