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(영문) 의정부지방법원 고양지원 2016.05.10 2016고단506
교통사고처리특례법위반등
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a C-A-hurd motor vehicle.

1. On February 15, 2016, the Defendant driven the said car without obtaining a driver’s license from the section of about 801 km, the light village 3rd to the front of the 312 east 312 east 15, a light village, from the front of the 312 east to the front of the 801 east 801 east 3 km.

2. On February 15, 2016, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (hereinafter “Special Cases Concerning the Settlement of Traffic Accidents”), driving the said car at around 17:00, and driving it at around 15, at the time of wave, led the front road of 801, which is located in the 15-day, to proceed by right-hand at about 5 km per hour, depending on the right-hand side of the 801 road from the opposite bank.

Since there is an intersection, there was a duty of care to ensure the safe operation of the steering system by accurately manipulating the steering direction and the steering system.

Nevertheless, the Defendant neglected to do so and neglected the driver's license, and neglected to make the front-round road, and caused the victim D (24) to cross the road to the right-hand side due to the negligence of bypassing the road immediately from the left-hand side, and let the Defendant go beyond the ground.

Ultimately, the Defendant suffered injury to the victim, such as the closure of the body body body felbling, which requires approximately six weeks of medical treatment due to the above occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement related to a traffic accident;

1. A survey report on actual conditions;

1. A medical certificate;

1. The driver's license ledger;

1. Application of statutes on site photographs;

1. Article 3(1) and proviso of Article 3(2)7 of the Act on Special Cases Concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act (the occupation of causing occupational negligence, the choice of imprisonment without prison labor), Article 152 Subparag. 1 and Article 43 of the Road Traffic Act (the occupation of unlicensed driving, the choice of imprisonment without prison labor).

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