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(영문) 인천지방법원 부천지원 2019.09.06 2019고단1549
교통사고처리특례법위반(치상)등
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A defendant shall be punished by imprisonment for not less than eight 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 is in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) who is engaged in driving of the Bwing and III cargo vehicle;

On March 18, 2019, the defendant driven the above cargo without the driver's license on March 15:51, 2019 and proceeded to turn to the right from C to D High School.

Since there is an intersection in which a crosswalk is installed, there was a duty of care to check whether a person engaged in driving service has a road to reduce speed and to check the right and the right and the right of the road well and to drive safely.

Nevertheless, the Defendant neglected to turn to the left and went to the left on the right side of the crosswalk due to the negligence that the Defendant left the left, and received the left side part of the victim E (the 12-year old) from the front side of the said cargo.

As a result, the Defendant suffered injury to the victim due to the above occupational negligence, i.e., double-s. double-s. double-s. double-s. double-s. double-s. double-s.

2. Violation of the Road Traffic Act (unlicensed driving) driving of the Defendant without obtaining a driver’s license in a section of about 3 km from the road near F at the time of the temporary border under paragraph (1) to the place specified in paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. A traffic accident report;

1. Registers of driver's licenses and details of disposition for cancellation thereof;

1. Application of Acts and subordinate statutes (E) to photographs of the scene of the accident, photographs of the victim, field photographs at the time of the accident, and CCTV for crime prevention screen pictures and diagnostic papers;

1. Relevant Article of the Act on Special Cases Concerning the Settlement of Traffic Accidents and Articles 3(1), 3(2) (proviso)6 and 7 of the Act on Special Cases Concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 152 subparagraph 1 of the Road Traffic Act, and Article 43 of the Road Traffic Act.

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