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(영문) 의정부지방법원 고양지원 2020.01.08 2018고단2439
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten 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. Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents and the Defendant in violation of the Road Traffic Act are those engaged in driving vehicles B-to-purd vehicle;

On July 30, 2018, the Defendant, without a driver's license, driven the above car on July 16:30, 2018, and changed the course to six-lanes while driving the above car at the speed of 156-lane 105, Sinyang-dong-dong-dong-ro 105, Sinyang-do-ro to the port-IC near Seoul.

In this case, the driver of a motor vehicle has a duty of care to check and drive the career safety by considering the front, rear and left side of the course.

Nevertheless, the Defendant neglected this and proceeded in a six-lane due to the negligence of changing the course of the Defendant, and was driven by the victim C(IS, 38 years old) who was stopped due to the static body of the vehicle, and received the part of the wheeler in front of the Defendant’s vehicle.

After all, the Defendant, by the above occupational negligence, inflicted injury on the victim C (V, 38), the victim E (n, 70 years old), the victim F (n, 37 years old), the victim G (8 years old), and the victim H (5 years old), such as dynasium in need of approximately two weeks of medical treatment. At the same time, the Defendant damaged the above victim E-owned vehicles to receive repair costs of KRW 1,425,938, such as the exchange of stynas, etc.

2. Violation of the Road Traffic Act (Unlicensed Driving) was operated by the Defendant without obtaining a driver’s license in the section of approximately 6 km from the first road in Yongsan-gu, Yongsan-gu, U.S. at the time to the freedom near the port area of about 156, U.S.-dong, U.S. 105-No. 156, U.S. at the time of Goyang-gu, Goyang-si, Gyeonggi-do.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. C’s statement;

1. Each written diagnosis;

1. Written estimate;

1. Registers of driver's licenses;

1. Application of Acts and subordinate statutes to investigation reports (specific reports on driving sections without license);

1. Criminal facts;

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