(영문) 광주지방법원 2015.09.10 2015고단2049

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(영문) 광주지방법원 2015.09.10 2015고단2049

교통사고처리특례법위반등

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A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

[Criminal Power] On April 4, 2013, the Defendant sentenced six months to imprisonment with labor for a violation of the Road Traffic Act, or a violation of the Road Traffic Act (unlicensed Driving) at the Gwangju District Court on February 3, 2014, and completed the execution of the sentence.

【Criminal Facts】

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 a C-wing and freight truck.

On March 30, 2015, the Defendant driven the above cargo without obtaining a driver's license on March 10, 2015, and led to the driving distance in front of the D building in the Dasan-gun, Chungcheongnam-gun, into the protection of the YYY, the area of the YYY.

At this point, there was a duty of care to temporarily stop prior to entering the intersection or reduce speed and prevent accidents by properly examining the right and the right and the right of the driver of the motor vehicle.

Nevertheless, when the Defendant neglected to do so and proceeded to the port from the right side of the course of the Defendant’s course by negligence, the Defendant was able to take the front part of the Defendant’s vehicle, where the victim E (the age of 36) driven from the right side of the course of the Defendant’s course.

Ultimately, the Defendant suffered injury, such as salt and tensions that require approximately six weeks of medical treatment by occupational negligence as above, and brain-dead loss accompanied by a short-term food loss.

2. Violation of the Road Traffic Act (unlicensed driving) driving of C-wing cargo vehicles at a 1km section from the front side of the Yongsung-gun, Chungcheongnam-gun, Chungcheongnam-do to the place of accident as set forth in paragraph (1), without obtaining a temporary driver's license for the vehicle driving as set forth in paragraph (1).

Summary of Evidence

1. Partial statement of the defendant;

1. Statement to E by the police;

1. On-site photographs, on-site surveys, and on-site surveys, the register of driver's licenses, and diagnostic certificates;

1. Previous convictions: Criminal records, written rulings and current status of confinement;

참조조문

-교통사고처리 특례법

-도로교통법

유사 판례

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