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(영문) 인천지방법원 2018.10.24 2018고단5835
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

1. The Defendant is a person who is engaged in driving service with BK5 passengers in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents.

On May 12, 2018, the Defendant driven the above vehicle during the suspension period of driver's license at around 05:50 on May 12, 2018, and changed the course to the four-lane road in front of Incheon Gyeyang-gu Incheon Metropolitan City, at a speed of about 40km at a speed of about 40km from the offside of operation.

In such cases, when it is likely that a person engaged in driving of a motor vehicle may impede normal traffic of other motor vehicles running in the direction of the change, he/she shall not change his/her course, and he/she has the duty of care to give prior notice of change of course and to prevent accidents by safely changing the lane in the direction of the direction of the change and keeping the traffic situation well in the safe manner.

Nevertheless, the Defendant neglected to change the lane and interfered with the course of the victim E (44 years, south) driving by the same direction four-lanes in the same direction, and the part of the front part of the victim's vehicle behind the right side of the defendant's vehicle and the upper part of the victim's left side of the vehicle.

As a result, the Defendant suffered injury to the victim due to such occupational negligence on the part of the victim, such as salt ties and tensions in the brusium requiring approximately two weeks of treatment, crusium and tensions in the crusium, and brain-dead sugar without open two sides.

2. The validity of a driver’s license is suspended from April 27, 2018 to June 15, 2018.

Nevertheless, on May 12, 2018, the Defendant driven B K5 cars from the street section from Dongdaemun-gu Seoul Metropolitan Government to the date, time, and place of “A” at the time from Dongdaemun-gu dong to the street.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A report on the occurrence of a traffic accident and a statement of actual investigation;

1. Details of the disposition of driver's license suspension and the ledger of driver's license;

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