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(영문) 춘천지방법원 속초지원 2013.08.14 2013고단90
교통사고처리특례법위반등
Text

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

1. On February 28, 2013, the Defendant violated the Road Traffic Act (unlicensed driving) without obtaining a driver’s license, and driving of the D Poter at a section of about 2 km from the front road of the Defendant’s house located in Suyang-si C around 19:53 on the same day until the front road of the 19:53 on the same day from February 28, 2013.

2. The Defendant in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents is a person who is engaged in driving cargo vehicles specified in paragraph (1).

On February 28, 2013, at around 19:53, the Defendant driven the above cargo without obtaining a driver's license as above, and led to the left-hand turn while driving the above cargo along the two-lane road in front of the above drums or the two-lane road in the front of the Saemaeul distance.

At the same time, there is a center line of yellow-ray, so it is necessary to make a left turn at the place to a person engaged in driving a motor vehicle, and even if it is left and left turn, there was a duty of care to prevent accidents in advance by careing the front left well.

Nevertheless, the Defendant neglected this and caused the victim to go beyond the floor by taking the front part of the victim E (the 19-year-old driving) driving, which was located in two-lanes of the opposite direction, due to the negligence of breaking the center line without properly examining the opposite direction, thereby leading the victim to go back to the floor.

Ultimately, the Defendant suffered injury to the victim, such as salt, tension, etc., in need of approximately three weeks of treatment due to occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. A traffic accident report (1), (2), on-site and vehicle photographs;

1. A medical certificate;

1. Application of the statutes on the register of driver's licenses;

1. Relevant Article of the Act concerning the facts of crime, the choice of punishment, and the occupation of unauthorized driving under Articles 152 subparagraph 1 and 43 of the Road Traffic Act, and imprisonment with prison labor;

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