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(영문) 울산지방법원 2018.09.06 2018고단241
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for not less than eight 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

1. On January 4, 2018, the Defendant driving a two-wheeled motor vehicle without a Class 2 driver’s license in the section of about 5 km from around 5 km to around 68, the same Eup located in the same Eup/Myeong apartment parking lot located in Ulsan-gun, Ulsan-gun, Ulsan-gun, Ulsan-do, 7-ro, Ulsan-do, Seoul-do, to drive a two-wheeled motor vehicle without a Class 2 driver’s license.

2. On January 4, 2018, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) driven a two-wheeled vehicle of CMPGE 250CC on a speed of about 50 to 60km per hour in the direction of blue-do in the direction of blue-do in front of the Korean Petroleum Corporation, in a mountain-ro 68-ro, which had been operating a two-wheeled vehicle of CMPE 250CC in Ulsan-do.

Since it was difficult at the time, a person engaged in driving service has a duty of care to care in advance by accurately manipulating the steering gear and operation of the steering gear.

Nevertheless, the Defendant, without obtaining a Class 2 small license, neglected to perform the duty of care on the front bank by occupational negligence, obtained the victim D (51) and the victim E (66) who dried the road on the right side from the left side of the bed bank, as the steering device of the above two-wheeled automobile, and had the victims go beyond the victims.

Ultimately, the Defendant suffered, by the aforementioned occupational negligence, the injury to the victim D, such as an external fluoral surgery, which requires approximately four weeks of medical treatment, and the injury to the victim E, such as the fluoral body fluoring of a non-fluoral body fluor, accompanied by approximately 12 weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report and photographs related to accidents;

1. The driver's license ledger;

1. Each written diagnosis;

1. Application of CCTV images CDs and photographs-related Acts and subordinate statutes;

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents under the relevant Act concerning criminal facts, Article 268 of the Criminal Act, Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (or each imprisonment without prison labor)

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. The former part of Article 37 of the Criminal Code, Article 38(1)2 and 38(2) of the Criminal Code, which aggravated concurrent crimes.

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