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(영문) 수원지방법원 여주지원 2017.12.19 2017고단1405
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in the driver's duty of driver's license of the vehicle B, B, B, and C, C, C, C, C, and C.

On September 2, 2017, the Defendant: (a) driven the above cargo without obtaining a driver’s license on a motor vehicle on September 14:27, 2017; and (b) stopped for delivery of the cargo on the front road located in Gyeonggi-gun C.

Since there are lots of delivery and front of the composite commercial building, pedestrians frequently frequent, the driver had a duty of care to safely stop by accurately manipulating the front door and the left door and the left door, and the steering person had a duty of care to stop safely.

Nevertheless, the Defendant neglected this and neglected to set the above cargo vehicle, and did not discover the victim E (the age of 59) who is familiar with the Defendant’s in front of the trucking direction, and received the victim’s blick part in front of the above cargo vehicle.

Defendant 2 suffered injury to the victim, such as a pelvis satis, which requires approximately two weeks of medical treatment due to such occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the occurrence of a traffic accident;

1. A traffic accident report;

1. On-site map and on-site photograph;

1. E statements;

1. A medical certificate;

1. A survey report on actual conditions;

1. Application of Acts and subordinate statutes to the ledger of driver's licenses;

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

1. The former part of Article 37 of the Criminal Act, Articles 38(1)2 and 38(2) and 50 of the Act on the Aggravated Punishment of Concurrent Crimes (the aggravated punishment stipulated on the crime of violating the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury)) is an agreement with the victim on the grounds of sentencing, and the confession and rebuttal are favorable circumstances.

It is disadvantageous to the fact that it is a crime committed during the period of suspension of execution and that there have been several penalties for the same crime.

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