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(영문) 창원지방법원 2017.05.10 2017고단305
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for six 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

On October 9, 2016, the Defendant, who is engaged in driving a B Atotop car, driven the said car without a driver's license on October 9, 2016, and proceeded two-lanes of the two-lanes from the front side of the D to the Do square.

The location is the entrance of the intersection where signal lights are installed, and a person engaged in driving a motor vehicle has a duty of care to drive the motor vehicle without maintaining the safety distance so that he can avoid drilling with the vehicle ahead thoroughly at the front.

Nevertheless, the Defendant neglected this by negligence, and caused the back part of the victim E(29) driving, which was stopped in accordance with the new subparagraph, to be the front part of the above Atotop car.

Accordingly, the Defendant suffered injury to the victim due to the above occupational negligence during the two-day period of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police to E (victim);

1. A medical certificate;

1. A traffic accident report;

1. The driver's license ledger (A);

1. Application of Acts and subordinate statutes to photographs of damaged vehicles;

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. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, Article 38 (2), and Article 50 of the same Act (to the extent that the punishment for the above two crimes is aggregated);

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing of Article 62-2 of the Criminal Act on the grounds of the order to provide community service and attend lectures is that the Defendant had a history of criminal punishment more than 15 times, including a series of criminal records for driving alcohol, but again committed the instant crime, and the nature of the instant crime is not good, such as leaving the scene immediately after the occurrence of the accident.

However, the defendant is above qualification.

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