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(영문) 청주지방법원 2019.09.19 2019고단1318
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On May 27, 2019, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) was driving a Grandroth as a duty to board it, leading directly to the three-lane from the west Eup to the west side of the west-gun, Chungcheongnam-do, Chungcheongnam-do, a three-lane, and came to turn to the left from the west distance.

In such cases, a person engaged in driving of a motor vehicle has a duty of care to reduce speed and drive the motor vehicle safely while driving the motor vehicle on the left-hand side and the front-hand side according to new subparagraph.

Nevertheless, the Defendant neglected to turn to the left without obtaining a driver's license, and caused the full part of the victim D(50 years old)'s E-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W

After all, the Defendant suffered approximately six weeks of medical treatment from the above victim due to the above occupational negligence.

2. Around 10:30 on May 27, 2019, the Defendant was driving the said B Grand Cross without a vehicle driver’s license at a section of about 500 meters from the front of the F Housing in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do to the third distance specified in paragraphs (1).

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. An accident site photograph;

1. Reports on internal investigation (victim's DNA telephone call);

1. A medical certificate;

1. Application of the statutes on the register of driver's licenses;

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, Article 268 of the Criminal Act, Article 152 subparagraph 1, and Article 43 of the Road Traffic Act concerning criminal facts;

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. The reason for sentencing under Article 62-2 of the Criminal Act is recognized and erroneous.

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