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(영문) 대구지방법원 서부지원 2020.01.16 2019고단2035
교통사고처리특례법위반(치상)등
Text

Defendant

A shall be punished by imprisonment with prison labor for eight months, by a fine of three thousand won,00,000 won.

However, the defendant A.

Reasons

Punishment of the crime

1. Defendant A is a person who is engaged in driving of a dump truck, affiliated with B.

On March 14, 2019, the Defendant driven the said vehicle without a driver's license on March 13, 14, 2019, and proceeded 29.3 km from the upper East-gu, Seogu, Seogu, Seo-gu, Seogu to the 70 km starting from the gold quarter.

Since there is a place where the central separation cost has been installed, there was a duty of care to make a person engaged in driving service thoroughly and safely drive the vehicle.

Nevertheless, the defendant neglected this and proceeded to the opposite direction beyond the central separation zone, and the part on the left-hand side of the E-motor vehicle operated by the victim D (Nam, 44 years old) who was under normal course in the opposite direction and proceeded to the left-hand side of the above vehicle of the defendant.

The Defendant suffered injury to the above victim by negligence in the course of business, such as fluoral salt, which requires approximately two weeks of medical treatment.

2. Defendant B, at the time and place described in the above paragraph (1), had A, an employee, drive the said dump truck without obtaining a driver’s license as stated in the above paragraph (1).

Summary of Evidence

1. Defendants’ legal statement

1. A protocol concerning the police investigation of suspect with regard to F;

1. Written statements of D;

1. Full certificate of matters to be registered, detailed inquiry, certificate of insurance coverage, and medical certificate;

1. Application of Acts and subordinate statutes for report on internal investigation (Attachment of Blue Films);

1. Article relevant to the facts constituting an offense and the selection of punishment;

(a) Defendant A: Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 152 Subparag. 1 and Article 43 of the Road Traffic Act (the point of driving without a license and the choice of imprisonment);

B. Defendant B corporation: Articles 159, 152 subparag. 1, 43, and 43 of the Road Traffic Act.

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