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(영문) 대전지방법원 2018.02.14 2017고단4005
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 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 a cargo vehicle B1 ton.

On September 11, 2017, the Defendant driven the said vehicle without a driver's license of the said vehicle, and proceeded with the D'do road near C's station in Sejong City with the front side from the front side of the measure site to the front side of the road.

Since there is a road where the center line of the yellow-ray is installed, the Defendant, who is engaged in driving duties, neglected his duty of care to pass along the right side of the center line, and neglected to pass it to the right side of the center line, and neglected to do so, he was the front side of the Defendant’s vehicle.

As a result, the Defendant driven a motor vehicle without a driver's license, and caused injury to the victim E by taking a traffic accident due to the above negligence in the course of duty, such as taking approximately three weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A traffic accident report;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. Relevant Article of the Act on Special Cases Concerning the Settlement of Traffic Accidents, and Articles 152 subparag. 1 and 43 (Unlicensed Driving, Selection of Imprisonment) of the Road Act, Article 3(1) and 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 (the occupation of a person injured by occupational or practical injury, and Selection of imprisonment without prison labor);

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act for the observation of protection and observation: The defendant was punished for driving without a license on several occasions, and the defendant was able to suffer injury by shocking the central line and shocking the damaged person while driving without a license, and thus, the crime of this case is not good: it is contradictory to the fact that the crime of this case is not good: the victim is satisfied and the injured person does not want the punishment of the defendant by making an agreement with the victim repayment and reimbursement for damages;

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