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(영문) 대구지방법원 2017.03.09 2016고단1459
교통사고처리특례법위반등
Text

A defendant shall be punished by imprisonment for not less than five months.

Reasons

Punishment of the crime

[Criminal record] On May 2, 2014, the Defendant was sentenced to six months of imprisonment with prison labor for special larceny, etc. in a public order branch of the Daejeon District Court on May 2, 2014, and completed the execution of the sentence on August 19, 2014.

[Criminal facts]

1. On November 22 and 40, 2015, the Defendant, on the road traffic law violation (non-licenseless driving) driven a vehicle CNA-Sik-si, without obtaining a driver’s license, on the section of approximately 500km from the Daejeon Non-resident to the point of the upper 75.6km at Samsung-si, Nam-si, Busan High Highway located in Samsung-si, Busan, to the point of 75.6km away from the upper west-si, Busan.

2. The Defendant in violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents and the Road Traffic Act is a person who is engaged in driving a CNS car.

On November 7, 2015, the Defendant driven the said car at a point of 75.6 km located in Samsung-do, Nam-si, Busan High Highway located in Samsung-do, Nam-si, Busan, Busan, and driven the said car at a speed of about 60km per hour among the two-lane roads.

At that time, there is a duty of care to look at the right side and the right side of the driving of the victim D(32 tax) who is driving along the two lanes among the two-lanes of the same direction as an expressway, and therefore, the driver has a duty of care to observe the vessel by accurately operating the operation and steering gear, and to proceed at a safe speed and in a safe manner.

Nevertheless, as in the above paragraph 1, the defendant neglected to operate the steering gear without a license and failed to properly operate the steering gear. The part of the front part of the vehicle driven by the defendant, which is the front part of the vehicle driven by the defendant, and continuously turns the vehicle, and the damaged vehicle that changed the vehicle to the first lane of the above expressway is not faced with the damaged vehicle to avoid the vehicle of the defendant. In order to avoid the vehicle of the defendant, the part on the right side of the vehicle driven by the defendant was received as the front part of the damaged vehicle.

Ultimately, the Defendant.

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