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(영문) 광주지방법원 2020.06.18 2020고단1344
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around March 21, 2020, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) was driving a D's low-income motor vehicle at the front of the C Bank located in Gwangju Northern-gu B, Gwangju, and went to the left at the seat of the E Hospital from the 4-lane boundary of the E Hospital depending on one lane among the four-lanes.

No one shall drive without obtaining a driver's license, and there is a private-distance intersection where a signal, etc. is installed, and at the time, a red signal, etc. of the defendant was lighted in front of the defendant's driving direction, so in such cases, there was a duty of care to stop to a person engaged in driving of a motor vehicle in accordance with good faith.

Nevertheless, the Defendant was negligent in driving without obtaining a driver’s license and caused injury to the victim, by taking the front part of the Defendant’s vehicle at the right side of the HK5 si (the 56-year-old 56-year-old 56-year-old 5-year-old 5-year-old 5-on-hand turn to the left in violation of the signal.

2. The Defendant violated the Road Traffic Act (unlicensed Driving) without obtaining the aforementioned temporary driving license, driven a D-low car at approximately 2 km section from the front day of the F apartment Idong, Gwangju Northern-gu, to the front day of the C bank located in the same Gu B.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of the G production;

1. A traffic accident report;

1. A medical certificate;

1. Application of the statutes on the register of driver's licenses;

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, Articles 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, Article 38(1)2 and Article 50 of the Criminal Act shall apply to concurrent crimes;

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