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(영문) 의정부지방법원 고양지원 2014.11.28 2014고단2002
교통사고처리특례법위반등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The Defendant in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents is a person engaging in driving a B observer car.

At around 19:50 on August 2, 2014, the Defendant driven the above car, and led to the turn to the left at the 3-lane from the west-gu U.S., U.S., U.S. to the 3-turn from the P.M....

Since there is an intersection where signal lights are installed, there was a duty of care for those engaged in driving of motor vehicles to drive motor vehicles safely according to their signals.

Nevertheless, the Defendant neglected this and received the front part of the Daltob, which was driven by the injured party C (the aged 40) who was on the right right side of the said car, in accordance with the new subparagraph, from the right side of the car without obtaining a driver's license, by negligence and by negligence going to the left.

As a result, the Defendant suffered injury to the victim, such as the left-hand dump dump, which requires approximately two weeks of treatment due to the above occupational negligence.

2. Around 19:50 on August 22, 2014, the Defendant violated the Road Traffic Act (unlicensed Driving) and driven a B observer car without obtaining a driver’s license on the 15-lane section from the front day of the Man-gu, Busan Metropolitan City, Seoyang-gu to the long-distance from the Man-gu, U.S. Mangsan-do.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the actual occurrence of traffic accidents;

1. C’s statement;

1. Registers of driver's licenses;

1. Application of Acts and subordinate statutes of a medical certificate;

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

1. Of concurrent crimes, the punishment provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes (limited to the aggravation of concurrent crimes with the punishment determined for the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents which is heavier than the punishment, and the punishment (limited

1. Article 62(1) of the Criminal Act:

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