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(영문) 광주지방법원 2013.11.28 2013고단4706
교통사고처리특례법위반등
Text

A defendant shall be punished by imprisonment for six 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 also is a person who is engaged in driving of a cargo vehicle.

On August 19, 2013, the Defendant driven the above cargo vehicle without a driver's license on August 11:10, 2013, and continued to drive the vehicle in the direction of the west-gun, Samcheon-do, Samcheon-si, the Mancheon-si, the Republic of Korea, in the direction of the east-do.

At this point, the center line of yellow-ray is installed, so in such a case, a person engaged in driving service has a duty of care to thoroughly operate the front line and thoroughly, despite the fact that there was a duty of care to safely operate the center line, the Defendant neglected this duty and caused the Defendant to suffer injury, such as a multi-lateral aggregate, including a three bitle to the front part of the Defendant’s vehicle’s driver’s seat, in which the part of the front part of the victim D (the age of 43) driving, which was under normal progress in the last part of the driver’s seat when driving the center line due to negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A traffic accident report (1) (2) and photographs of the accident site;

1. Registers of driver's licenses;

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

1. Article 152 subparagraph 1 of Article 152 of the Road Traffic Act, Article 43 of the Act on Special Cases concerning the Settlement of Traffic Accidents, the proviso to Article 3 (1), Article 3 (2) and Article 3 (2) 2 and 7 of the Act on Special Cases concerning the Settlement of Traffic Accidents, and Article 268 of the Criminal Act, which provides applicable legal provisions concerning facts constituting a crime

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, Article 59 of the Act on Probation, etc. [Determination of types] Traffic Crime: General traffic accident in 01.

1. Injury from a traffic accident (special sponsor) - In cases where illegality in the proviso of Article 3(2) of the Act on the Special Treatment of Persons under Special Characters is serious, punishment not for the special mitigation (including serious efforts to recover damage) [decision on the recommended area] basic area [the scope of recommendation] 4 months to 10 months.

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