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(영문) 수원지방법원 성남지원 2016.12.22 2016고단3262
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for six 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 (Bodily Injury) by the Defendant is a person engaging in driving a rocketing or other car.

On August 31, 2016, the Defendant driving the above vehicle at around 09:10 on August 31, 2016 without obtaining a driver's license, and driving the 4-lane road of the Seoul Metropolitan Escke-do Highway (referred to as the 127K km on the upper line) in the Geumnam-gu, Sungnam-gu.

At the time, the vehicle was already stopped due to the preceding accident at the front of the defendant at the time, and in such a case, the driver of the vehicle has a duty of care to ensure the necessary distance to avoid the collision with the vehicle ahead and to prevent the accident in advance.

Nevertheless, the Defendant failed to stop the vehicle of the victim C (the age of 51) who was driven by the victim C (the age of 51) prior to the vehicle due to negligence while neglecting this, and did not avoid stopping the vehicle of the victim and concealed the part behind the vehicle of the victim.

Ultimately, due to the above occupational negligence, the Defendant suffered from a diversative framework that requires approximately four weeks of treatment to the victim.

2. Around August 31, 2016, the Defendant violated the Road Traffic Act (unlicensed driving) without obtaining a driver’s license, driving B rocketing car at a section of about 30km from the front of Hyundai Housing (Seoul) to the 127K km in the direction of the direction of the centering of the Seoul except Seoul metropolitan cycle Highway, which is set forth in paragraphs (1).

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. A traffic accident report;

1. Registers of driver's licenses;

1. Application of Acts and subordinate statutes of the Medical Certificate (C);

1. Article 3(1) and the proviso of Article 3(2) and (7) of the Act on Special Cases concerning the Settlement of Traffic Accidents, concerning criminal facts, and the Criminal Act;

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