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(영문) 울산지방법원 2014.09.30 2014고단1690
교통사고처리특례법위반등
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 of the final judgment.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of B Poter cargo vehicles.

On April 21, 2014, the Defendant driven the above cargo without obtaining a driver's license at around 17:50, and proceeded at a speed of about 20 km in order to go to the dong Hospital located on the left side of the direction of the proceeding, and entered the said road into the same road as a one-lane in order to go to the dong Hospital located on the left side of the direction of the proceeding. In such a case, the Defendant has a duty of care to make a turn to the left at the time of entering the said road bypassing it to the direction of the multi-sports and moving the said road to the said road at the point where the internship is permitted after entering the said road.

Nevertheless, the Defendant neglected to turn to the left without neglecting it and did not discover the victim C (IS 74 years of age) who was the left-hand side from the right-hand side of the cargo vehicle on the road where the Defendant left the left-hand, and received the victim’s humf to the front part of the said cargo vehicle.

The Defendant suffered from the above occupational negligence that caused the victim to suffer from the injury of the mouth, closedness, etc. of the mouths that require approximately eight weeks of medical treatment, damage of the affected area of the Congo and damage of the affected area for about three weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement on the occurrence of a traffic accident in DNA;

1. The actual condition survey report;

1. The driver's license ledger;

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

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

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. Social service order under the Criminal Act;

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