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(영문) 대전지방법원 공주지원 2018.05.25 2017고단367
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On October 16, 2017, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) was driving a B-learning passenger car around 05:05 on October 16, 2017, and was directly driving a new line in the new line, which is in the new line, at the time of the official city, in the direction of the apartment in the direction of the new line, from the direction of the university located

At the time, the location is around the new wall and its location is an intersection with a red on-and-off signal, so a person engaged in driving service has a duty of care to prevent accidents, such as temporary suspension before entering the intersection and safe driving after examining the right and the right and the right.

Nevertheless, the Defendant did not temporarily stop without a driver's license before entering the intersection and proceeded to the intersection as it is, and caused the victim C (23 ) who was proceeding on the left side from the right side of the Defendant's vehicle driving to the left side, to have the front part of the DNA cargo vehicle operated by the Defendant's vehicle.

As a result, the Defendant suffered injury to the victim, such as salt, tensions, etc. in need of approximately two weeks of medical treatment due to such occupational negligence.

2. On October 16, 2017, the Defendant violated the Road Traffic Act (unlicensed driving) driving a B-learning car from a new apartment parking lot located on the front side without a driver’s license of a motor vehicle on October 16, 2017 through a new apartment parking lot located on the front side at the front time of a public city to the front intersection located in the new town in the new town at the front time of a public city.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. Reports on traffic accidents (1, 2, and actual survey report);

1. The driver's license ledger;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Relevant Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Special Cases concerning the Selection of Punishment, 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 occupational and de facto occupation, the choice of imprisonment without prison labor), Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (the occupation of unlicensed driving and the choice of imprisonment without 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. The Criminal Act, the suspension of execution;

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