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(영문) 수원지방법원 평택지원 2017.12.06 2017고단1073
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

[2017 Highest 1073]

1. Violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) is a person who is engaged in driving of the last passenger car in C body.

On March 14, 2017, at around 19:50, the Defendant, while driving a three-lane road in front of Pyeongtaek-si D, one-lane in the front of the opening of the Mademing Hospital, was negligent in not looking at the front side and the right and the right of the road properly in the process of changing the two-lane from the front side of the Defendant’s vehicle to the two-lane, and the Defendant, as the victim E (e.g., the age of 29) who changed the front side of the F-crat vehicle driving from the front side of the vehicle to the two-lane, conflict with the lower side of the Defendant’s vehicle.

As a result, the Defendant suffered injury to the victim due to the above occupational negligence, which requires approximately two weeks of medical treatment.

2. The Defendant on the violation of the Road Traffic Act (Non-licensed driving) driven the first car at approximately 200 meters section without obtaining a driver’s license at the time and place specified in paragraph 1 above.

[2017 Highest 177] On August 6, 2017, the Defendant, without obtaining a driver’s license for a motor vehicle from around 21:00, operated C C in a section of approximately two kilometers from the front of the Dong office in the Pyeongtaek-si-dong Office to the front road of the shooting distance in the Pyeongtaek-si East-dong Court.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. Report, etc. of traffic accidents, report on the situation of driving without a license, the ledger of driver's licenses, and application of statutes;

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. The offense of violating the Act on Special Cases concerning the Settlement of Optional Traffic Accidents shall be punished by imprisonment without prison labor and imprisonment with prison labor for the offense of violating the traffic laws;

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. Article 62 (1) of the Criminal Act on the suspended execution;

1. The Criminal Act for orders to provide community service and attend lectures;

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