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(영문) 대구지방법원 포항지원 2017.01.18 2016고단1458
교통사고처리특례법위반(치상)등
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant also is a person who is engaged in driving of a cargo vehicle B.

On September 23, 2016, the Defendant driven the above cargo without a driver's license of a motor vehicle on September 23, 2016, while driving it in the north-gu C at the port of port, and the D jum in front of the D jum is proceeding in the jum of a hotel in the jum of the two dong community service center.

There are three-lane crossings in which signal apparatus is installed, so a person engaged in driving service has a duty of care to accurately operate brakes and steering gear and to prevent all traffic accidents by proceeding in accordance with signals.

Nevertheless, the Defendant neglected such duty of care, while driving without a driver’s license, brought the front part of the FOE driven by the victim E in two-lanes of the opposite direction while driving without a driver’s license, with two-lanes of the opposite direction.

Ultimately, the Defendant suffered serious injury to the victim in the above occupational course and room 12 weeks, such as the flag and the flag in the aftermath, 5, and the flag in the aftermath, 6th, etc.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. The actual survey report and on-site photographs;

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

1. Application of Acts and subordinate statutes applicable to medical certificates and opinions;

1. Relevant provisions of the Act on Special Cases concerning the Settlement of Traffic Accidents and the Selection of Punishment, Article 3 (1), the proviso to Article 3 (2) 1 and 7 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act (the occupation of causing occupational negligence, the selection of imprisonment without prison labor), Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (the occupation of driving without a license and the selection of imprisonment with prison labor);

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. The reasons for sentencing under Article 62-2 of the Criminal Act, including the observation of protection, community service and order to attend lectures, and the age, sex, environment, motive for committing the crime.

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