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(영문) 서울서부지방법원 2017.09.21 2017고단1900
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 person who is engaged in driving a Grandland car.

On March 7, 2017, the Defendant driven the said car without obtaining a driver's license on March 21, 2017, and made the turn to the left from the front side of the Escop in Eunpyeong-gu Seoul Metropolitan Government D to the front side of the Escopic high school at a speed of about 10km.

At the same time, there are nights and side roads, and pedestrians are accompanying, so there is a duty of care to prevent accidents in advance by accurately manipulating the front door and the right and the right and the right and the right and the right and the right, and accurately manipulating the steering direction and the brake system.

Nevertheless, the Defendant neglected this and proceeded with the victim's left side with the front door of the pertinent vehicle left side of the designated high school where the Defendant walked from the front side of the instant vehicle to the front side of the instant vehicle by shocking the body of the victim F (the 22 years old) and the parts of the bridge to the front side of the said vehicle.

As a result, the Defendant suffered approximately six weeks of the above occupational negligence from the Plaintiff’s abundance of the upper part of the lower part of the lower part of the lower part of the lower part, which was in need of approximately six weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement;

1. A survey report on actual condition and a report on the occurrence of a traffic accident;

1. The driver's license ledger;

1. Application of Acts and subordinate statutes to report internal investigation (investigation of victims and submission of medical certificates);

1. Relevant Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, Article 268 of the Criminal Act (the occupation and loss of duties, the choice of imprisonment without prison labor), subparagraph 1 of Article 152 of the Road Traffic Act, and Article 43 of the Road Traffic Act (the occupation of unauthorized driving, the selection of imprisonment with prison labor) concerning criminal facts;

1. Reasons for sentencing [limited to the extent that the punishment is added up to the maximum term punishment of the above two crimes] under the former part of Article 37, Article 38(1)2 and Article 38(2) and Article 50 of the Criminal Act [the scope of punishment added up to the maximum term punishment of the above two crimes] of the Act on Special Cases Concerning the Settlement of Traffic Accidents, which is aggravated by aggravated punishment.

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