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(영문) 광주지방법원 순천지원 2020.04.29 2019고단2872
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 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 the vehicle B at low price.

On August 12, 2019, the Defendant driven the said car without obtaining the driver's license at around 14:29, and led D to drive the said car from the div park to the e apartment zone.

Since there is a crosswalk in which a signal, etc. is installed, in such cases, there was a duty of care to check whether a person engaged in the driving of a motor vehicle has a road by reducing the speed and by checking well the right and the right and the right of the motor vehicle and to safely drive the motor vehicle in accordance with the new code.

Nevertheless, the defendant neglected this and found the victim F who was crossing the crosswalk from the left side of the defendant's running direction to the right side of the road, due to the negligence of proceeding, even though the vehicle's driving signal was stopped, and got the victim to go beyond the ground by taking the victim as part of the front part of the vehicle.

After all, the defendant is driving without a license, and the victim suffered approximately two weeks of medical treatment due to the above occupational negligence, such as salt control and strawing.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. A medical certificate;

1. A traffic accident report (1) (2) actual survey report;

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

1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents by the Selection of Punishment, Article 268 of the Criminal Act, subparagraph 1 of Article 152 of the Road Traffic Act, and Articles 43 of the Road Traffic Act;

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

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act, such as probation, community service order and order to attend lectures;

1. The scope of recommendation [the determination of types] according to the sentencing criteria, and general traffic accidents (the type 1].

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