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(영문) 창원지방법원 2013.08.30 2012고단3294
교통사고처리특례법위반등
Text

A defendant shall be punished by imprisonment for six 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 a CM7 car.

On August 24, 2012, the Defendant driven the said car without obtaining a driver's license on August 24, 2012, and moved the route ahead of the beer-day in the outer road of Kimhae-si from the Korean first apartment road to the central shooting distance.

At the time, it is night and a road where a crosswalk is installed. In such cases, the defendant engaged in driving a motor vehicle has a duty of care to check whether there is a person driving the motor vehicle and to safely drive the motor vehicle by reducing the speed and checking well the right and the right of the road.

Nevertheless, when the Defendant neglected to do so and proceeded along, the Defendant was able to take the left side of the victim D (W, 46 years old) who walked to the port from the right side of the road according to the new subparagraph, with the front part of the car of the Defendant.

As a result, the Defendant suffered the victim’s slocks that require approximately three weeks of medical treatment due to the above occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A traffic accident occurrence report;

1. The actual condition survey report;

1. The ledger of driver's licenses;

1. Application of the Medical Certificate (D) Acts and subordinate statutes;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents in the Selection of Punishment, Article 268 of the Criminal Act, subparagraph 1 of Article 152 of the Road Traffic Act, and Articles 43 of the Road Traffic Act;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2 and (2), and Article 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The reason for sentencing under Article 62-2(1) of the Criminal Act, even though the Defendant was punished for a fine of five million won on July 30, 2012, immediately before the instant crime was committed, due to drinking driving, unlicensed driving, etc., the same crime was repeated, and the instant traffic accident was admitted by the Defendant.

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