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(영문) 대전지방법원 2018.09.05 2018고단2237
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On May 7, 2015, the Defendant was sentenced to eight months of imprisonment for a violation of the Punishment of Violences, etc. Act (joint conflict) at the Cheongju District Court on May 7, 2015, and completed the execution of the sentence at the Cheongju Prison on September 12, 2015.

1. On May 30, 2018, the Defendant was driving a benz car without obtaining a driver’s license in a section of about about 10km from the Korean four distance from Daejeon Tae-gu Daejeon-gu, Daejeon to the four km-distance from May 30, 2018.

2. On May 30, 2018, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) driving a motor vehicle with a motor vehicle driver’s license as a business of the benzs as set forth in paragraph (1) as of May 30, 2018, the Seo-gu Seoul Special Metropolitan City along the four-lane distance from the ethical and underground roadways to the three-lanes of the four-lane distance from the ethical and underground streets, and changed the two-lanes to the two-lanes.

In this case, a driver of a motor vehicle has a duty of care to give an advance notice of change of course by operating direction, etc. to a person engaged in driving a motor vehicle, and to change the lanes by taking into account the traffic situation at the right and right.

Nevertheless, the Defendant neglected to do so and negligently changed the two lanes as it was, and instead, received the front right part of the victim C driver's Dex which was driven along the two lanes as the front right part of the above Benz driver's car.

Ultimately, due to the above occupational negligence, the Defendant suffered injury to the victim, such as a multi-time visit to the right-hand side of the victim, which requires approximately two weeks medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A survey report on the actual condition of a traffic accident, a medical certificate, and the driver's license ledger of a motor vehicle;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (prior convictions of suspects and repeated crimes), and statutes;

1. Article 152 subparagraph 1 of the Act on Special Cases Concerning the Settlement of Traffic Accidents and Article 3(1) and the proviso to Article 3(2) of the Act on Special Cases Concerning the Settlement of Traffic Accidents, Articles 152 subparag. 1 and 43 (Unlicensed Driving, Selection of Imprisonment, etc.) of the Act on Special Cases Concerning the Management of Traffic Accidents, which

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