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(영문) 창원지방법원 2016.06.16 2015고단604
교통사고처리특례법위반등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Criminal facts

The defendant is a person who is engaged in driving B rocketing vehicles.

On September 27, 2013, the Defendant driven the above vehicle without a driver's license on September 27, 2013, and proceeded with D's front road in Kim Sea C along the two-lanes of the two-lanes of the two-lanes.

At the same time, since the victim E (54) was a driver, the driver had a duty of care to prevent accidents by taking into account the front side and the right and the right of the driver when changing the lane.

Nevertheless, the Defendant neglected this and received the front part of the left-hand side of the Defendant’s vehicle with the intention of changing the lane to the one-lane as it was, and received more as the left-hand side of the Defendant’s vehicle.

Defendant 1 suffered from the injury of fluoral finites, which requires approximately three weeks of medical treatment, to the victim due to such occupational negligence.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. A traffic accident-related statement prepared by E;

1. A survey report on actual conditions;

1. The driver's license ledger;

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

1. Article 3(1) and the proviso to Article 3(2)7 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 152 Subparag. 1 and Article 43 of the Road Traffic Act concerning facts constituting an offense;

1. Selection of imprisonment with prison labor for a crime of violating the Act on Special Cases concerning the Settlement of Optional Traffic Accidents: Imprisonment without prison labor or a crime of violating the Road Traffic Act;

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 38 (2), and 50 of the said Act for the increase of concurrent crimes;

1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the scope of recommended punishment] is that there is no person [the person subject to special sentencing] in the basic area (4 to 10 months) of the type 1 of traffic accident [the person subject to special sentencing] [the decision subject to sentence] 6 months of imprisonment, 2 years of suspended sentence (the circumstance of accident, degree of injury, crime history, and comprehensive motor vehicle insurance, and the whereabouts of the person subject to the suspended sentence are concealed, and the judgment is refused.

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