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(영문) 광주지방법원 순천지원 2019.10.10 2019고단1603
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for one year.

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

The defendant is a person who is engaged in driving a e-cub vehicle B.

On May 27, 2019, the Defendant driven the said car without a driver’s license on May 13:43, 2019, and led the two-lane road in front of the “D” licensed real estate agent’s office in Mineyang-si C to proceed along the F apartment side on the side of the E apartment.

In this case, the driver of the motor vehicle had a duty of care to safely operate the steering gear and the steering gear accurately while driving the motor vehicle, because the crosswalk was installed on the front door, so the driver of the motor vehicle had a duty of care to safely proceed.

Nevertheless, by neglecting this, the defendant neglected to go on the front side without looking at the front side, caused the victim G (V, 7 years of age) who dried the road along the crosswalk from the left side of the running direction of the defendant to the right side of the crosswalk, leading the defendant to go on the road.

As a result, the Defendant suffered injury to the victim by negligence in the above business, which caused about 10 weeks of medical treatment to the right pelle executives in need of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. G statements;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. Registers of driver's licenses;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 3 (1), the proviso to Article 3 (2) 6 and 7 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, subparagraphs 1 and 43 of Article 152 of the Road Traffic Act concerning facts constituting an offense;

1. From among concurrent crimes, the former part of Article 37, Article 38 (1) 2 and (2), and Article 50 of the Criminal Act (aggravating concurrent crimes with the punishment heavier than that provided for in the Act on Special Cases concerning the Settlement of Traffic Accidents shall be aggravated, and a punishment shall be imposed by imprisonment);

1. Article 62 (1) of the Criminal Act;

1. An order to attend a lecture or an order to provide community service and an accident involving children walking the crosswalk during the course of driving without a license for the reason of sentencing under Article 62-2 of the Criminal Act is an accident.

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