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(영문) 전주지방법원 정읍지원 2021.02.16 2020고단585
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving of B-II cargo.

1. On August 22, 2020, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) driven the above cargo vehicle without a driver's license on August 12, 202, and driven the front of D in the Gu/U.S. C from the Gu/U.S. distance to the E Hospital, one-lane between the Gu/U.S. distance.

At the same time, there is a center line of yellow solid lines, so the driver of the motor vehicle has a duty of care to safely drive the motor vehicle in compliance with the vehicle line and to make a U-turn at the point where the U-turn is permitted.

Nevertheless, the Defendant neglected this and got a part of the left-hand side of the said cargo vehicle, which was driven by the victim G (Y, 76 years old) which was driven normally on the opposite lane due to the negligence of the center line f, leading to the left-hand turn.

Ultimately, the Defendant suffered, by such occupational negligence, injury to the above victims G, such as cage cages at the left-hand side in need of approximately five weeks medical treatment, and injury to the victim I (the 74 years old), who is the son, such as dump pulverization at the right-hand side in need of approximately seven weeks of medical treatment.

2. Violation of the Road Traffic Act (unlicensed driving) driving of the said truck without obtaining a driver’s license from around about 1km section from the roads adjacent to a high-speed terminal located in the Dong-dong of Si/Y-Eup at the time and in the location of the accident described in paragraph (1).

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report;

1. On-site photographs;

1. The driver's license ledger (A);

1. The next inquiry (B);

1. Each written diagnosis;

1. Application of Acts and subordinate statutes to investigation reports (victim G telephone communications);

1. Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, the proviso to Article 3(2)2 and 7 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 152 subparag. 1 and 152 of the Road Traffic Act concerning criminal facts;

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