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(영문) 대전지방법원 2018.04.12 2018고단318
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On November 30, 2017, the Defendant violated the Road Traffic Act (Non-licenseless Driving) driving a Cone Star Car without a driver’s license in a section of about 8km to the intersection entrance into the Yellow Dok-ri-ri, Gyeong-dong, 269-14, an ancient bus terminal at the time of the Sejong Sim-si, a Sejong Simn-ri, a Sejong Simn-ri, a city with no driver’s license.

2. The Defendant violates the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) and the Road Traffic Act (hereinafter “Road Traffic Act”) is a person engaged in driving C Costa Car.

On November 30, 2017, the Defendant driven the above car at around 20:05 and proceeded along the two-lanes of the two-lanes between the two-lanes at the intersection at the entrance of the YYYYY and the intersection at the vicinity of the YYYYYYYY and the two-lanes of the two-lanes of the two-lanes of the two-lanes of the two-lanes of the two-lane.

Since there is an intersection where a signal is installed, a person engaged in driving service has a duty of care to safely drive by complying with the signal.

Nevertheless, the Defendant neglected to do so and received the victims D(39) who turn to the left from the right side of the course without the driver's license due to the negligence that proceeded in the stop signals without the driver's license, and operated the E rocketing car.

Ultimately, the Defendant caused injury to the victim, such as salt, tension, etc. that requires approximately two weeks of medical treatment due to such occupational negligence, and at the same time damaged the damaged vehicle to have considerable amount of KRW 10,026,608.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A traffic accident report;

1. Reporting on the occurrence of an accident-related photograph and traffic accident;

1. The driver's license ledger and the driver's license ledger;

1. A medical certificate;

1. 자동차 점검, 정비 견적서, 보험 수리비 견� 서

1. Application of Acts and subordinate statutes to each investigation report, inquiries into the association of the main office, and reports on the results of investigation;

1. Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 3(2)1 and 7 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 152 subparag. 1 of the Road Traffic Act concerning criminal facts.

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