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(영문) 수원지방법원 2014.06.19 2014고단748
교통사고처리특례법위반등
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

1. The Defendant in violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents is a person who is engaged in driving of B Costaex.

On January 4, 2014, the Defendant driven the above van without obtaining a driver's license at around 18:30 on January 4, 2014, and proceeded at the speed of about 10km from the front side of the Suwon-si in Suwon-si to the front side of the Suwon-si.

Since there was a narrow side that is not divided between India and the roadway, in such a case, there was a duty of care to properly see whether there is a pedestrian or not a person engaged in driving duty, and to accurately manipulate the steering direction and brake system, to prevent the accident from occurring.

Nevertheless, the Defendant neglected to do so and received the left head and shoulder part of the victim D (n, 53 years of age) who walked along the right side of the ring line, from the right side of the said ring line, and the front door of the said ring line.

As a result, the Defendant suffered injury, such as the trend of light that requires approximately eight weeks of medical treatment, and the salt of the left-hand shoulder to the victim due to such occupational negligence.

2. The Defendant violated the Road Traffic Act (unlicensed Driving) without obtaining the driver’s license from the front side of the “Magdong,” set forth in paragraph (1) to the front side of the 2km section of the place set forth in paragraph (1), which is located in the Suwon-si filmdong, Suwon-si, Suwon-si, and the front side of the place set forth in paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. Statement on the occurrence of D traffic accidents;

1. A traffic accident report;

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

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

1. Of concurrent crimes, the defendant for the reasons for sentencing Article 37 (former part), Articles 38 (1) 2 and 38 (2) and 50 of the Criminal Act is the defendant in 2013.

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