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(영문) 광주지방법원 2013.08.30 2013고단2785
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. The Defendant in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents is a person who is engaged in driving B pumps.

On May 2, 2013, at around 17:55, the Defendant, without obtaining a driver's license on May 2, 2013, proceeded with the IC seat section from the west-gu, Gwangju to about 30 km away from the west-dong to the west-do.

It is necessary to keep the pumps operated by the Defendant with heavy weight, and therefore, the driver of the vehicle has a duty of care to keep the driver of the vehicle safely by viewing the front door well and securing the safety distance.

Nevertheless, the Defendant neglected this and neglected his duty to secure the safety distance in front of the course of the failure to proceed with the course by negligence, and neglected the duty to maintain the safety distance, and led the victim C (the 55 years old), who stops with the vehicle, to the front part of the pumps operated by the Defendant.

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

2. On May 22, 2013, the Defendant driving a B pumps car at approximately 70km from May 22, 2013 to the dong-gu Gyeongdong-dong, Gwangju Mine-dong without obtaining a driving license from around 06:0 to May 17:5, 2013.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement on the occurrence of a traffic accident (C);

1. A traffic accident report, actual condition investigation report;

1. A medical certificate;

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

1. Article 3(1) and the proviso of Article 3(2)7 of the Act on Special Cases concerning the Settlement of Traffic Accidents concerning Criminal Facts, Article 268 of the Criminal Act, subparagraph 1 of Article 152 of the Road Traffic Act;

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