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(영문) 수원지방법원 평택지원 2013.05.09 2013고단245
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 this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The Defendant in violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents is a person who is engaged in driving of B Costaex.

On February 11, 2013, the Defendant, without obtaining a driver's license on February 13:45, 2013, led to the bypass of the margin distance from the inside of the Gyeonggi-si in the Gyeonggi-do.

Since there are many places of vehicle traffic, the driver has a duty of care to conduct safely by checking well the front left left in advance to the driver.

Nevertheless, the Defendant neglected this and proceeded without observing the safety distance and received the back-hand part of the victim C (I, 31 years old)'s low-speed driving vehicle in front of the Defendant's driving vehicle, which was under temporary suspension, from the front side of the Defendant's driving vehicle.

As a result, the Defendant suffered injury, such as salt, tension, etc., in each two-day care for the victim E (56 years old), F (55 years old), and the victim E (5 years old), who was accompanied by the victim C and the damaged vehicle due to such occupational negligence.

2. Violation of the Road Traffic Act (Unlicensed Driving) provided for in paragraph (1) of this Article, the Defendant driven Bone Star Co., Ltd. without obtaining a driver’s license in a section of about 1 km from around the 1km to the mn-distance distance in front of the cafeteria of Pyeongtaek-si, Bupyeong-gu, Seoul.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. Registers of driver's licenses;

1. The actual survey report and the occurrence of traffic accidents;

1. Each written diagnosis;

1. Application of the photographic Acts and subordinate statutes;

1. Selection of imprisonment with prison labor for the crime concerned, Article 3 (1), the proviso of Article 3 (2) and Article 3 (7) of the Act on Special Cases concerning the Settlement of Traffic Accidents in the Selection of Punishment, Article 268 of the Criminal Act, Article 152 subparagraph 1 of the Road Traffic Act, Article 152 and Article 43 of the Road Traffic Act;

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

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

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