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(영문) 창원지방법원 통영지원 2016.03.31 2015고단1206
교통사고처리특례법위반등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

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 B’s motor vehicle.

On November 30, 2015, the Defendant driven the said car without obtaining a driver's license on November 30, 2015, and led to the driving of the said car to proceed with the road near the macro-market located on the top of the macro-city.

Since there are many places where people pass on the right and the right and the right of the driver of the motor vehicle, the driver of the motor vehicle has a duty of care to prevent the accident by properly examining the front and the right and the right of the driver.

Nevertheless, the defendant neglected this and caused the left side of the victim C (V, 56 years old) who was traveling on the right side of the bend by negligence.

As a result, the Defendant suffered from occupational negligence in the part where the victim needs to receive approximately three weeks medical treatment.

2. On November 30, 2015, the Defendant violated the Road Traffic Act (unlicensed driving) driving the said vehicle without obtaining a driver’s license on November 30, 2015, and driving the said vehicle at approximately 40 meters B Sbling vehicle around the road located in the upper rith of the macro-city at the macro-city.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes to a survey report on actual condition, photographs at the scene of accident, driver's license ledger for motor vehicles, and diagnostic certificate;

1. Relevant Article 3 (1), the proviso to Article 3 (2) 6 and 7 of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, Article 268 of the Criminal Act (the occupation and the occupation and the occupation of a person on duty and the occupation of a person on duty) concerning facts constituting an offense, and Articles 152 subparagraph 1 and 43 of the Road Traffic Act (the occupation of a person without a license and the choice of a person with imprisonment);

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 38 (2), and 50 of the said Act for the increase of concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act;

1. The sentencing guidelines [the scope of recommended punishment] set forth in the category 1 (Bodily Injury resulting from Traffic Accidents) (one to six months) (special mitigation (special mitigation)) of the mitigation area, causing minor injury.

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