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(영문) 대구지방법원 김천지원 2013.09.04 2012고단707
교통사고처리특례법위반등
Text

A defendant shall be punished by imprisonment for six 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 August 9, 2012, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (hereinafter “Special Cases Concerning the Settlement of Traffic Accidents”), while driving the CP motor vehicle without obtaining a driver’s license, driving the CP motor vehicle and driving the CP motor vehicle on the front side of the Gicheon-si, Gicheon-si, Kimcheon-si, in excess of the central line, and driving the left-hand turn to the left-hand part of the parking lot on the front side of the Gicheon-si, the Defendant, without a driver’s license, neglected the duty of Jeoncheon-si in front, while neglecting the duty of Jeoncheon-si, while neglecting the duty of Jeoncheon-si, while driving the victim D(39 years of age) who was under normal progress on the opposite lane

As a result, the Defendant suffered injury to the victim due to the above occupational negligence, such as cerebral cerebral le, which requires a detailed treatment for about two weeks.

2. The Defendant violated the Road Traffic Act (unlicensed Driving) driving of the CP without obtaining a driver’s license at the time and place specified in paragraph 1.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A traffic accident report, report on the occurrence of a traffic accident (1), and report on the occurrence of a traffic accident (2);

1. Registers of driver's licenses;

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

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

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2 and (2), and Article 50 of the Criminal Act;

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

1. The reason for sentencing under Article 62-2 of the Criminal Act is that the defendant was punished by a fine on or around December 2001 due to an unlicensed driving on or around March 2009; the punishment of a fine on or around March 2009 and on or around March 2012, the crime of this case was committed; and the victim did not have any particular responsibility, etc. However, the liability for the crime of this case is not light, on the other hand, the victim's injury is minor.

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