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(영문) 대전지방법원 2017.07.21 2017고단2099
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for not more than ten 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

The defendant is a person who is engaged in driving a car in the C SP area.

On April 26, 2017, the Defendant driven the said car without obtaining a driver's license on April 14, 2017, and led the Defendant to drive the said car with the first line bridge of the 667-Do 667-Do 1nd line from the wingside to the seat of the Military Security Center.

Since there is a yellow median line installed, in such a case, a person engaged in driving service has been operating along the lane normally from the opposite direction of the Madle accused in the middle of the median line, despite the fact that there is a duty of care to safely operate along the right lane of the center line.

D Driving received the front part of the Defendant’s vehicle in front of the Estunched Driving Vehicle.

As a result, the Defendant suffered from the injury of light salt, etc., which requires approximately three weeks of medical treatment, to the victim F (V, 22 years old) who was on the rocketing vehicle due to the above occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. Entry into the ledger of driver's licenses;

1. Application of the Acts and subordinate statutes written diagnosis to F;

1. Relevant Article 3 (1), proviso to Article 3 (2) 2 and 7 of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, Article 268 of the Criminal Act (the point of causing occupational negligence, the selection of imprisonment without prison labor), subparagraphs 1 and 43 of Article 152 of the Road Traffic Act (the point of driving without a license and the selection of imprisonment with prison labor);

1. The aggravated punishment for concurrent crimes under the former part of Article 37, Articles 38(1)2 and 38(2) and 50 of the Criminal Act (limited to the aggravated punishment for concurrent crimes as provided for in the Act on Special Cases concerning the Settlement of Traffic Accidents, the punishment for concurrent crimes shall be aggravated, but the punishment shall be imposed by imprisonment (limited to the sum of the long-term punishment for the above two crimes);

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

1. Taking into account the following circumstances: (a) the reason behind sentencing under Article 62-2 of the Criminal Act; (b) the likelihood of the negligence without fault; (c) the victim’s agreement; (d) the purchase of comprehensive insurance; (c) the refusal to measure drinking in 2014; and (d) the history of each fine for drinking

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