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(영문) 울산지방법원 2020.02.05 2019고단3073
교통사고처리특례법위반(치상)등
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. Around 15:35 on June 13, 2019, the Defendant driven a e-mail vehicle without obtaining a driver’s license from a section of about 10km from the front of the Nam-gu B shop in Ulsan to the front of the D road located in the same Gu C, and without obtaining a driver’s license.

2. Violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) led the Defendant to drive the said car without obtaining the said temporary border driver’s license and drive the said car along the direction of the D rear door in Ulsan-gu C, Ulsan-gu along the direction of the intersection from the intersection of the intersection to the latter two-lane.

At the time, the traffic control by signal apparatus was performed, so in such a case, there was a duty of care to safely drive the person engaged in driving service in compliance with the signal.

Nevertheless, the Defendant neglected this and received the part of the victim F (year 56) drive G Twit in accordance with the new subparagraph from the opposite opposite lane due to the negligence of failing to turn left the left in violation of the signal, with the part of the front-hand part of the cargo vehicle in front of the cargo vehicle of the Defendant.

After all, the Defendant suffered injury to the victim, such as brain salvin, which requires medical treatment for about two weeks due to such occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. A statement prepared by the F;

1. A survey report 1, 2, photograph, investigation report (verification, etc. of black stuffs);

1. The ledger of driver's licenses;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 3 (1), the proviso to Article 3 (2) 1 and 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. As to the crime of violation of the Act on Special Cases concerning the Settlement of Traffic Accidents by Selection of Punishment, imprisonment without prison labor shall be sentenced, and as to the crime of violation of the Road Traffic Act, imprisonment shall be sentenced;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62(1) of the Criminal Act:

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