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(영문) 대구지방법원 2019.01.17 2018고단5245
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a motor vehicle B.

On October 4, 2018, the Defendant driven the said car without obtaining a driver's license on October 19, 2018, and led to the driving of the said car along the three-lane road of 100 meters in front of the entry into the Dorro-gu North-gu, Daegu-gu, along the one-lane road from the Dorro-distance floodside to the Dorro- tunnels.

Since the driving of the victim C(27 years old) driving prior to the same direction was followed by the DK7 car of the victim C(27 years old), the driver has a duty of care to ensure that the driver is obliged to keep the safety distance so that the driver can avoid when the car is accelerated, and to proceed well by looking at the right and the right and the right of the vehicle.

Nevertheless, the above K7 car was operated to reduce the speed of the vehicle due to the negligence of driving excessively close to the nearest, and the vehicle was operated to avoid this, but it was not immediately avoided, and the defendant's vehicle was shocked by the vehicle behind the above K7 vehicle with the front driver, and the driver was shocked by the victim E(48 years old) driving while the vehicle was pushed down in the future due to the shock, and the driver was shocked after the driver was driven by the F-A-hurged vehicle of the victim E(the victim E(the victim 48 years old) who stops on one lane.

Therefore, the Defendant, by such occupational negligence, inflicted injury on the victim C, such as salt, tensions, etc. of the bones of a wood that requires medical treatment for about three weeks, and sustained injury on the victim E, such as a tension of a trend that requires medical treatment for about two weeks, and at the same time, damaged the damaged vehicle so that the repair cost of the said K7 car is approximately KRW 4,973,300, and approximately KRW 342,278, respectively.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. The actual condition survey report;

1. The driver's license ledger;

1. Each written diagnosis, detailed statement of maintenance, and written estimate;

1. Application of Acts and subordinate statutes to a criminal investigation report (related to absence of a victim);

1. Article 3(1) and the proviso of Article 3(2)7 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act and the Road Traffic Act concerning criminal facts.

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