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(영문) 수원지방법원 여주지원 2016.12.12 2016고단1001
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[Criminal Power] On May 1, 2009, the Defendant was sentenced to a suspended sentence of 4 months for a violation of the Road Traffic Act (unlicensed Driving) in the Daejeon District Court’s subdivision support on May 1, 2009. On April 17, 2012, the Defendant issued a summary order of KRW 3 million for the same crime, etc. at the Jeonju District Court on April 17, 2012. On June 12, 2014, the Defendant was issued a summary order of KRW 3 million for the same crime.

On August 4, 2016, the Defendant was sentenced to two years of imprisonment with prison labor for a violation of the Labor Standards Act in the Changwon District Court’s smuggling support on August 4, 2016, and the said judgment became final and conclusive on August 12, 2016.

【Criminal Facts】

1. On September 27, 2015, the Defendant violated the Road Traffic Act (unlicensed Driving) driving on the roads near the Yju-si National Highway No. 15 knife-si without obtaining a driver’s license on September 18, 2015, the Defendant driven B car at the 15 km section from the roads near the Yju-si National Road No. 15km.

2. The defendant is a person who is engaged in driving a B car in accordance with the Act on Special Cases concerning the Settlement of Traffic Accidents.

On September 27, 2015, the defendant did not obtain a driver's license on 18:07, but had two lanes prior to the national highways No. 6 of Yangyang-gun's Written Identity Law progress from the two-lane to Seoul at a non-speed.

In this case, there was a duty of care to ensure that a person engaged in driving service has a duty of care to care well and safely drive.

Nevertheless, the Defendant neglected this and got the front portion of the Dratur car, which was driven by the victim C (the aged 49) who was normally going on at a one-lane in the direction of the Defendant’s running of the Dratur car due to negligence, and received the front portion of the Dratur car as the left side of the Dratur car.

Ultimately, the Defendant caused the injury to the victim C, such as salt, tensions, etc., of the trend that requires approximately two weeks of medical treatment by occupational negligence as above, and up to two weeks to the victim E (V, 45 years of age) who was accompanied by the car at the above mother.

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