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(영문) 춘천지방법원 2014.08.14 2014고단517
교통사고처리특례법위반등
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 of the final judgment.

Reasons

Punishment of the crime

1. Around 11:25 on May 17, 2014, the Defendant was driving a C-wing truck without obtaining a driver’s license in approximately 4km section from the front side of the National Agricultural Cooperative of Chuncheon-si to the front road of the mountainous district distribution center in Chuncheon-si.

2. The Defendant in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents is a person who is engaged in driving a C-wing and freight vehicle.

On May 17, 2014, at around 11:25, the Defendant driven the above cargo vehicle without the driver's license as stated in Paragraph 1, and continued to drive a road of about 50 km in front of the Chuncheon mountainous district distribution center in the Sincheon-si in the Sincheon-si, the Defendant driven the said cargo vehicle at a speed of about 1:5 meters, and proceeded to the national armed forces hospital at a speed of about 50 km.

Since there is a center line of yellow solid lines, there was a duty of care to safely operate the vehicle to the person engaged in driving service.

Nevertheless, the Defendant neglected this and got involved in driving of the E-Poter in the same direction, which was driven by the victim D(31) who was driving ahead of the two directions, with the part on the right side of the cargo vehicle of the Defendant, which was driven by the victim D(31).

Ultimately, the Defendant suffered, by its occupational negligence, approximately two weeks of injury to the victim D, such as satchitis, and the victim F (the 37 years of age) who was accompanied by the cargo from the above satch in order to provide approximately two weeks of medical treatment, as well as the satisfying satisfy which requires approximately two weeks of medical treatment, and the victim G (the 55 years of age) who was accompanied by the Defendant’s cargo from the victim G (the 55 years of age), respectively.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A written statement;

1. The actual survey report on traffic accidents;

1. On-site photographs;

1. The driver's license ledger;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Article 3(1) and (3) of the Act on Special Cases concerning the Settlement of Traffic Accidents concerning criminal facts;

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