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(영문) 수원지방법원 2014.10.16 2014고단4244
교통사고처리특례법위반등
Text

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

Reasons

Punishment of the crime

[Criminal Power] The Defendant is a person who was sentenced to a suspended sentence of two years at the Suwon District Court on June 12, 2014 to imprisonment with prison labor for a violation of the Road Traffic Act, etc., and the judgment becomes final and conclusive and is still under the suspended sentence.

【Criminal Facts】

The defendant is a person engaged in driving a gallon car.

On June 25, 2014, at around 17:50, the Defendant driven the said car without obtaining a driver's license, and led the Defendant to bypass the distance front of the home plug in the Young-gu, Young-gu, Suwon-gu, the front of the home plug to the entrance of the home pller parking lot at the bottom of the water.

In such cases, a person engaged in the driving of motor vehicles has a duty of care to live well on the front side and the left side and drive safely.

Nevertheless, the Defendant neglected to do so and caused injury to the victim, such as chest d's d'pack-p's d'pack-p's d'pack-p's d'pack-p's d'pack-p's d'pack-p's d'pack-p's d'pack-p's d'pack-p's d'pack-p's d'pack-p's d'pack-p's d'pack-p's d'pack-p's d'p

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of traffic accident-related persons C;

1. A survey report on the actual condition (1) and a survey report on the actual condition (2);

1. Registers of driver's licenses;

1. Application of Acts and subordinate statutes concerning non- mandatory insurance information inquiry;

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents concerning Criminal Facts, Article 268 of the Criminal Act, Article 151, subparagraph 1 of Article 152, and Article 43 of the Road Traffic Act, Article 46 (2) 2 and Article 8 of the Guarantee of Automobile Accident Compensation Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. As to the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents at the option of punishment, the punishment of imprisonment without prison labor shall be imposed, the Road Traffic Act, and the Guarantee of Automobile Accident Compensation Act.

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