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(영문) 수원지방법원 안산지원 2018.08.07 2018고단1948
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for six months.

except that the execution of a sentence shall be suspended for a period of 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 CMW car.

On May 6, 2018, the Defendant driven the said car without a driver's license on May 23:30, 2018, and came to turn to the left at the right-hand turn on the three-lane right-hand left-hand turn in the direction of the urban park in the direction of the urban park along the 114th square street intersection in Ansan-si, Seosan-si.

There is a duty to safely enter the intersection by complying with the signal to a person engaged in driving motor vehicles as a place where a signal, etc. is installed.

Nevertheless, the defendant neglected to make a left-hand turn at the yellow signal and received a victim D (18 S) driver's CA100 motor bicycle from the victim D (18 S) who was in the red signal in the mathic part.

As a result, the Defendant suffered injury, such as minculation, which requires approximately six weeks of medical treatment, to the victim due to such occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to traffic accident reports, accident site photographs, ledger of driver's licenses for motor vehicles, and medical certificates;

1. Relevant Article 3 (1), the proviso to Article 3 (2) 1 and 7 of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act concerning criminal facts, and Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (Unlicensed Driving and Selection of Imprisonment without prison labor);

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 38 (2), and 50 of the said Act for the increase of concurrent crimes;

1. On December 4, 2017, the reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence is that the Defendant was punished by a fine of three million won due to a violation of the Traffic Act on the road (driving) and the license was revoked, it is also necessary to make a strict punishment in light of the fact that the Defendant caused an accident while driving a motor vehicle without a license even though the license was revoked.

However, the victim also operated red signals so that the accident of this case occurred, and the victim does not want to be punished by mutual consent with the victim, and the defendant is the defendant.

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