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(영문) 서울북부지방법원 2014.11.27 2014고단3584
교통사고처리특례법위반등
Text

A defendant shall be punished by imprisonment for not less than five months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around 16:57 September 17, 2014, the Defendant driven the said vehicle without obtaining a driver’s license in a section of about about 10 meters from the C-way in front of the Yellow-gu Seoul Metropolitan Government Net Road to the same Gu D and E Licensed Real Estate Agents.

2. The Defendant in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents is a person engaging in driving a FM5 vehicle.

On September 17, 2014, the Defendant driven the said car without obtaining a driver’s license, as described in Paragraph 1, and led the front of the said E Licensed Real Estate Agent to the right side of the network well-known distance.

A driver has a duty of care to prevent accidents by accurately operating the steering wheel and brakes well, and accurately manipulating the steering wheel and brakes.

Nevertheless, the defendant neglected his driver's license without a driver's license and obstructedly driven by the defendant's negligence and caused the victim G (the age of 63) to go on the front side of the defendant's vehicle by shocking the bridge of the victim G (the age of 63) to the front part of the vehicle.

Ultimately, the Defendant suffered injury to the victim, such as brain salvina, which requires approximately three weeks of medical treatment, due to such occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Statement on the occurrence of G traffic accidents;

1. A traffic accident report;

1. A medical certificate;

1. Application of the photographic Acts and subordinate statutes;

1. Article 3 (1), the proviso to Article 3 (2) or 7 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, subparagraph 1 of 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, Articles 38 (1) 2 and 38 (2), and 50 of the Criminal Act (aggravated punishment shall be punished by imprisonment with prison labor for concurrent crimes within the scope equivalent to the sum of the long-term punishment for the crime of violation of the Act on Special Cases concerning the Settlement of Traffic Accidents with

1. The conditions in favor of the reasons for sentencing under Article 62(1) of the Criminal Act are as follows.

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