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(영문) 창원지방법원 2018.06.27 2017고단1713
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Criminal facts

1. The Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) was a person engaging in driving a B rocketing car, driving the said car at around 00:30 on February 14, 2015, without obtaining a driver’s license, and driving the said car at around 00:30 on February 14, 2015, led directly to a two-lane of the two-lane road, namely, a two-lane road, which is located in front of the window sloping inspection station in Changwon-si.

Since the above road is a national road with heavy traffic of vehicles, there was a duty of care to change the car line by operating direction direction, etc. in case of changing the car line to a person engaged in driving of an automobile, and giving prior notice of change of course and considering the situation of traffic on the left and right.

In doing so, the Defendant neglected this and neglected to change the vehicle line to the right side as it is, thereby avoiding the said string car driven by the Defendant by the victim C(W, 39 years old) driving, and cut down the roadside trees installed on the right side of the lane.

Defendant 1 suffered from the injury of the victim C and the victim E (S 44) who was accompanied by the said car at the same time due to the occupational negligence as above, for approximately two weeks of medical treatment.

2. Around 00:30 on February 14, 2015, the Defendant driven the said rocketing car without obtaining a driver’s license from the Defendant at a distance of about 3 km up to the point of time in front of the Defendant’s house located in the front of the window F at Changwon-si, the Defendant driven the said rocketing car without obtaining a driver’s license.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. C’s statement;

1. A traffic accident report;

1. The driver's license ledger;

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

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

1.Articles 40 and 50 of the Criminal Code of Trade and Trade (Article 40).

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