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(영문) 서울중앙지방법원 2014.06.27 2013고단5298
교통사고처리특례법위반등
Text

A defendant shall be punished by imprisonment for not less than eight 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

The Defendant is a person who is engaged in driving a set of automobiles B.

1. Around August 23:30, 2013, the Defendant driving the said vehicle without obtaining a driver’s license in the section of about 5 km from the front of the Navy Center located in the New-dong, Yeongdeungpo-gu Seoul Metropolitan Government on the same day, around the same day and around 23:55 on the same day.

2. On August 2, 2013, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents: (a) drive the said car without obtaining a driver’s license, as described in paragraph (1) on August 2, 2013; (b) drive the said car at a speed of about 50km per hour depending on one lane towards the intersection of the said AB real estate.

Since the housing is located at the intersection of a side road where the situation of traffic on the right side is not well visible, there was a duty of care to temporarily stop or slowly and check the situation of traffic on the right side before entering the intersection and to ensure the safety of the person engaged in driving.

Nevertheless, the Defendant neglected to do so and followed the part of the front front door of the Dratian vehicle operated by the victim C (the age of 42) who first entered the said intersection from the side of the Southern Elementary School to the moving intersection by the negligence of proceeding the said intersection by the Defendant, with the top front part of the Dratian vehicle.

As a result, the Defendant suffered from the above negligence the following: (a) light fluoral finites, etc. requiring a two-day medical treatment to the victim C; (b) light finites finites E (34 years old); (c) light finites, etc. requiring a two-day medical treatment to the winners of the vehicles in Grandland E (34 years old); and (d) finites, etc. requiring a six-day medical treatment to the same victim F (33 years old), and (e) light finites, etc. requiring a three-month medical treatment to the victim G (5 years old), respectively.

Summary of Evidence

1. Defendant's legal statement;

1. Police in relation to C.

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