logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2017.02.02 2016고단7985
교통사고처리특례법위반(치상)등
Text

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

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

Reasons

Punishment of the crime

1. Violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) is a person who is engaged in driving a motor vehicle of B Clars.

On November 2, 2016, at around 08:45, the Defendant was sent to the emergency room from the edge of the road hospital in front of the Nam-gu Incheon Metropolitan City, Nam-gu.

A person engaged in driving motor vehicles has a duty of care to accurately operate steering and operating the steering gear and to prevent accidents by safely driving the steering right and the right and the right.

Nevertheless, the Defendant neglected to do so and neglected to obtain a driver's license on the front side, and proceeds with one lane in the opposite direction due to the negligence of the internship.

D was driven by E K5 tax drivers in front of the E K5 taxi, and was set up as the driver in front of the car.

Ultimately, the Defendant suffered injury to the victim F (V, 39 years old), who is a victim of the said taxi, due to the foregoing occupational negligence, for approximately six weeks of medical treatment.

2. On November 2, 2016, the Defendant violated the Road Traffic Act (Non-licenseless Driving) driving a BCDr and driving a motor vehicle of BCr, without obtaining a driver's license from around 08:45 on November 2, 2016, and driving approximately 1 km from the glick apartment in the south-gu, Incheon Metropolitan City, a prisoner of war in the area of 803 of the Nam-gu, Nam-gu to the road in front of the road hospital in the vicinity of 783 as the south-dong, south-gu.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or G;

1. A survey report on actual conditions;

1. The driver's license ledger;

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

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. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 38 (2), and 50 of the said Act (to the extent that the punishment is aggregated with the long-term punishment of each of the above crimes);

1. Article 62(1) of the Criminal Act (the following sentencing) shall be suspended.

arrow