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(영문) 전주지방법원 남원지원 2019.05.14 2019고단28
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

1. The defendant is in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury).

On November 10, 2018, when the defendant driving the above cargo vehicle around 17:30 on November 17, 2018, and driving the above cargo vehicle at a speed of about 40 km from the boundary of each village to the boundary of the gold reservoir at a speed of about 40 km.

At the same time, there was an intersection without signal lights, and at the same time the defendant entered the above intersection from a small area of 7.1m wide to the above intersection, there was a duty of care to safely enter the intersection by examining whether there is a vehicle that reduces speed and passes the above intersection.

Nevertheless, the Defendant neglected to do so and did not properly examine whether there is a vehicle passing through the intersection and did not reduce the speed, and found the victim D(E, 88 years old), who was passing through the intersection from the room of the office where the crossing is prohibited, late after the E-soil of the victim D(E, 8 years old), who was passing through the intersection from the room of the office where the crossing is prohibited, and caused the victim of the play to go beyond the floor.

As a result, the Defendant suffered injury, such as a closed duplicating duplicating which requires approximately six weeks of treatment.

2. The Defendant violated the Road Traffic Act (unlicensed Driving) driving the B Poter Cargo Vehicles owned by himself without obtaining a driver’s license at the time and place specified in paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Report on traffic accidents, the ledger of driver's licenses for motor vehicles, and the ledger of driver's licenses;

1. A medical certificate;

1. Application of Acts and subordinate statutes governing accident site photographs;

1. Relevant legal provisions concerning criminal facts, Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents in 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 (Unlicensed Driving and Selection of Imprisonment).

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