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(영문) 인천지방법원 2013.10.31 2013고단1532
교통사고처리특례법위반등
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A defendant shall be punished by imprisonment for not more than ten months.

except that 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

The Defendant, at around 12:50 on January 30, 2013, driven a C freight vehicle without obtaining a driver’s license, and proceeded to the Cheongcheon-dong 107-3 Haak-dong, Bupyeong-gu, Incheon, Seocheon-dong from the backside to the Cheongcheon-dong. On the other hand, the Defendant, by negligence, driven in violation of the signal, inflicted an injury on the victim D (50 years of age) who was driving on the right side of the said cargo vehicle, caused an injury to the victim, such as a fright blood transfusion, which requires a medical treatment for about 12 weeks.

Summary of Evidence

1. Defendant's legal statement;

1. The statement of each police officer made to F and G;

1. A medical certificate, an automobile license ledger;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. The point of causing bodily injury caused by occupational negligence due to the relevant statutory traffic accident concerning the crime: The point of driving without a license under Article 3 (1), the proviso to Article 3 (2) 1 and 7 of the Act on Special Cases concerning the Settlement of Traffic Accidents, and Article 268 of the Criminal Act: Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (Selection of Imprisonment);

1. From among concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act is applicable mutatis mutandis. Article 50 (Aggravation of Concurrent Crimes and Punishment as Imprisonment within the scope of the total of the maximum term of two crimes stipulated in the Act on Special Cases concerning the Settlement of Traffic Accidents, which has

1. Suspension of execution under Article 62 (1) of the Criminal Act (including the fact that there is no previous offense other than the previous offense of a fine on two occasions, the fact that an agreement has been made with the victim, and the fact that the mistake

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