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(영문) 광주지방법원 순천지원 2018.11.30 2018고단1953
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

The defendant is a person who is engaged in driving of the third cargo vehicle B.

On July 4, 2018, the Defendant driven the said vehicle without obtaining a driver's license of the said vehicle, and continued to drive the said vehicle at approximately 60km in the speed of 11:30 square meters, leading to the four-lane road from the direction of the Standing District to the direction of the GIC of Gwangju metropolitan, while driving the said vehicle at approximately 60km.

At the time, since the vehicle was driven by traffic congestion, the driver of the vehicle had a duty of care to live well in the front and to prevent the accident by accurately manipulating the brake system in advance.

Nevertheless, the Defendant neglected this and got back the Defendant’s front part of the Defendant’s vehicle in front of the Defendant’s vehicle (e.g., the 56-year-old driver’s 56-year-old driver’s license), and caused the victim’s vehicle C to have the back part of the victim’s E (24-year-old driver’s license) driver’s license as the front part of the victim’s vehicle C with the shock.

The Defendant, by these occupational negligence, suffered injury to the victim C, such as catum salt, etc. requiring approximately two weeks of medical treatment, the victim E, the right shoulder catum, etc. requiring two weeks of medical treatment, and the victim G (V, 28 years of age), who is the passenger of the victim E, for approximately two weeks of medical treatment. In addition, the Defendant suffered injury to the victim C, such as datum salt, tension, etc.

Summary of Evidence

1. Statement by the defendant in court;

1. Each written statement E, G and C;

1. A survey report on actual conditions;

1. Electronic data (building register and driver's license register);

1. Each written diagnosis;

1. An accident scene photograph;

1. Application of one Act and subordinate statute to the vehicle booms video CDs

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and the proviso to Article 3 (2) 7 of the same Act concerning the facts constituting an offense, Article 268 of the Criminal Act (the occupation of a person on duty and on duty due to the driving of a motor vehicle), subparagraph 1 of Article 152 of the Road Traffic Act, and Article 43 of the Road Traffic Act (the occupation of a person without a license)

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Punishment;

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