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(영문) 광주지방법원 2021.01.28 2020고단5918
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. The defendant is a person who is engaged in driving service of the BPoter-II cargo.

On October 30, 2020, the Defendant, without obtaining a driver's license of a motor vehicle on October 13, 2020, proceeded at a US speed along the road of one lane in front of Gwangju Northern-gu C from D to the monthly intersection.

Since there was a narrow road, there was a duty of care to reduce speed and drive safely by checking the right and the right of the driver.

Nevertheless, the defendant neglected this and was parked on the right side of the running direction by negligence without obtaining a driver's license.

E Poter Ⅱ parts of the cargo loaded behind the cargo vehicle were in front of the cargo vehicle operated by the Defendant.

Ultimately, the Defendant suffered injury to the victim F (the remaining, the age of 27) who was accompanied by the Defendant’s truck driver’s cargo due to the foregoing occupational negligence, such as damage to the right shoulder pressure, which requires approximately 16 weeks medical treatment.

2. The Defendant violated the Road Traffic Act (unlicensed Driving) driven the said cargo vehicle from G located in the city of the city of the city of the same day as paragraph 1 to the front road of Gwangju Northern-gu without obtaining a driver’s license in approximately 20km section from G to the front road of Gwangju Northern-gu.

Summary of Evidence

1. Application of the Act and subordinate statutes to the ledger of driver's licenses to a motor vehicle report on the occurrence of a traffic accident by a defendant's legal statement F, on the scene of an accident;

1. Relevant Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, Article 268 of the Criminal Act (the occupation and loss of duties, the choice of imprisonment without prison labor), subparagraph 1 of Article 152 of the Road Traffic Act, and Article 43 of the Road Traffic Act (the occupation of unauthorized driving, the selection of imprisonment with prison labor) concerning criminal facts;

1. Grounds for sentencing under the former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 38 (2), and 50 of the same Act, as the punishment for concurrent crimes;

1. Scope of punishment by law: Imprisonment with labor for one month to six years;

2. The sentencing criteria shall be based on; and

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