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(영문) 대전지방법원 2016.11.30 2016고단2548
교통사고처리특례법위반(치상)등
Text

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

Reasons

Punishment of the crime

The defendant is a dump truck driver.

At around 14:50 on March 17, 2016, the Defendant driven the dump truck without obtaining a Class 1 driver's license depending on the first-lane among the first-lane roads in the ancient 56 Do-ri Do-ri Do-ri Do-ri Do-si, and proceeded in the direction of pump in the ancient Do-ri direction without obtaining a Class 1 driver's license.

At the time, roads were bended by Shop trucks. In such cases, a person engaged in driving service neglected his/her duty of care to reduce speed and to safely safely proceed with the vehicle line, while neglecting his/her duty of care to safely proceed with it, he/she did not discover the victim D(52 years of age)'s Ewing and Ⅲ 1 ton cargo vehicle of the victim D(52 years of age) which was normally proceeded at the opposite lane, and received the front part of the said dump truck.

As a result, the defendant is driving without obtaining a driver's license, and the defendant suffered about 16 weeks of the above occupational negligence from the right-hand side of the road executive in need of treatment, and damaged the above cargo by making the front part of the above cargo.

Summary of Evidence

1. Partial statement of the defendant;

1. A traffic accident report;

1. A medical certificate;

1. Registers of driver's licenses, and car4;

1. Application of Acts and subordinate statutes to a report on investigation (investigation of Brackers on Bracks);

1. The indictment under Article 152 subparagraph 1 of the Act on Special Cases Concerning the Settlement of Traffic Accidents and Article 152 and Article 43 of the Road Traffic Act (the driver without a license) stated the applicable provisions of this part as "Article 152 subparagraph 2 and Article 56 (2) of the Road Traffic Act" but in light of the facts charged, it is reasonable to regard them as erroneous entry under Article 152 subparagraph 1 and Article 43 of the Road Traffic Act. In addition, Article 3 (1) and Article 3 (2) proviso 7 of the Act on Special Cases Concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, and Article 151 of the Road Traffic Act.

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