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(영문) 인천지방법원 부천지원 2013.12.18 2013고단3016
교통사고처리특례법위반등
Text

A defendant shall be punished by imprisonment for six 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 driving C New Franchise XG vehicles as their businesses.

On June 28, 2013, when the driver's license of a motor vehicle was revoked on June 28, 2013 and without a license, the Defendant driven the above motor vehicle on October 16, 2013, while driving the road on October 16, 2013 in the direction of the driving distance from the direction of the driving distance of the driving distance of the driving park in the driving park in order to ensure that the place is in the direction of the driving distance, since the signal and crosswalk are installed, the driver of the motor vehicle has a duty of care to protect pedestrians of the crosswalk by complying with the vehicle and pedestrian signal.

Nevertheless, the defendant neglected this and caused the victim D(9 years of age, female) who dried the crosswalk from the right side of the running direction of the defendant's vehicle to the left side in accordance with the pedestrian signals by negligence in violation of the vehicle stop signal.

Ultimately, the Defendant suffered injury to the victim, such as cerebral saliva in which detailed treatment for about three weeks is required, due to such occupational negligence.

2. The Defendant violated the Road Traffic Act (unlicensed Driving) on June 28, 2013 due to a drunk driving, driven the said C New-XG vehicle at a 1km section from the 25-5 street street, the same temporary border as that of the preceding paragraph, in the state of a license without a license, at the same time and without a license, from the 1km section to the 112-7 street prior to the same 112-7 street.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. The actual condition survey report;

1. A medical certificate;

1. Application of the statutes on the register of driver's licenses;

1. Article 3 (1), the proviso to Article 3 (2) 1, 6, and 7 of the Act on Special Cases concerning the Settlement of Traffic Accidents According to Relevant Acts and Special Cases concerning 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 concerning facts constituting an offense;

1. Of concurrent crimes, the former part of Article 37 and Article 38(1)2 and (2) of the Criminal Act are applicable.

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