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(영문) 춘천지방법원 원주지원 2014.04.02 2014고단77
교통사고처리특례법위반등
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Criminal facts

1. Around 17:45 on December 30, 2013, the Defendant was driving a 3.4km Ⅲ truck without the driver’s license from the front side of the Cheongdong-dong-dong-dong-dong-dong-dong-dong-si to the front side of the 3.4km-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-si.

2. The Defendant in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents is the person who is engaged in driving of the Bwing and Class III cargo.

The defendant driving the above cargo without obtaining a driver's license for the above temporary border, and driving the front way of the second apartment road in the Seoegri-gu, Seogri-si, the original city at a speed of about 20 km in the speed of the city, from the Seoegri-gu, Seogri-gu, to the south-distance distance.

Since the traffic control by means of signal apparatus was a private-distance intersection, the driver had a duty of care to prevent accidents by driving safely by safely examining the front left door.

Nevertheless, due to the negligence of neglecting this, the defendant found the victim C (the 21-year old) crossing the road on the right side from the left side of the cargo driving direction of the defendant's cargo vehicle due to his fault, and stopped late, but did not stop, and did not stop and shock the part above the left side of the cargo vehicle of the defendant.

As a result, the Defendant suffered injury to the victim, such as a string frame, which requires approximately six weeks of treatment, due to such occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. A medical certificate;

1. Application of the statutes on the register of driver's licenses;

1. Article 3 (1), the proviso of Article 3 (2) and Article 7 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act concerning facts constituting an offense;

1. Of concurrent crimes, the punishment of the former part of Article 37, Article 38(1)2 and Article 38(2) and Article 50 of the Criminal Act is heavier;

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