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(영문) 서울서부지방법원 2020.06.25 2020고단514
교통사고처리특례법위반(치상)등
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A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) by the Defendant is a person engaging in driving a motor vehicle BVS cushion.

On January 12, 2020, the Defendant driven the said car without obtaining a driver's license on January 22, 2020, and proceeded at a speed of about 5 km per hour from the d point to E convenience point of Seoul Mapo-gu.

There are frequent traffic of pedestrians and vehicles, and there is a location where signal lights are installed on the left side of the direction of the defendant's proceeding, so there was a duty of care to prevent accidents in advance by driving safely, such as reducing speed to persons engaged in driving of motor vehicles, and accurately manipulating the steering direction, brakes, and other devices, while living well.

Nevertheless, as a result of the negligence of neglecting this, the Defendant found the Gmotor bicycle for the victim F (29 years old) driving that was driven by the signal to the right side from the left side of the running direction of the Defendant, and received the front part of the said motor bicycle with the left side of the said motor vehicle.

결국 피고인은 위와 같은 업무상 과실로 피해자로 하여금 치료기간을 알 수 없는 폐쇄성무릎뼈 골절상을 입게 하였다.

2. On January 12, 2020, the Defendant violated the Road Traffic Act (unlicensed driving) driving on the 200 meters section from the parking lot in Mapo-gu Seoul to the roads near Seoul Mapo-gu, without obtaining a driver’s license on January 12, 2020.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. Registers of driver's licenses;

1. Application of Acts and subordinate statutes to copies of diagnosis certificates;

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

1. The former part of Article 37 of the Criminal Code and Article 38 of the Criminal Code among concurrent crimes.

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