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(영문) 수원지방법원 평택지원 2016.10.27 2016고단342
교통사고처리특례법위반등
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 low-speed car B.

On November 14, 2015, the Defendant driven the said car without obtaining a driver's license at around 19:20 on November 14, 2015, and turned the road from the Da main parking lot located in Pyeongtaek-si C to the right from the shot terminal.

At night, the place is a road in a restaurant parking lot where a vehicle is parked, so there was a duty of care to reduce the speed and prevent the occurrence of the accident in advance by thoroughly holding the vehicle back.

Nevertheless, the Defendant neglected this and received the front part of the driver’s seat of the said vehicle from the next to the next to the Defendant due to the negligence of the next to the next to the vehicle, even though the vehicle was so detached that the victim E (the age of 47) is driving, which was due to the negligence of the next to the next to the next to the next.

Ultimately, the Defendant suffered, by such occupational negligence, injury to the victim E, such as bodily injury, etc. to the heavy balance pipe in need of approximately four weeks of medical treatment, and injury to the victim FF (year 41) who was accompanied by the said A-Wurt-Wur-Wur-Wur-Wur-Wur-Wur-Wur-Wurged car for approximately two weeks of medical treatment, and injury to the victim G (year 36) in need of medical treatment for about two weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Statement to E by the police;

1. The actual condition survey report;

1. Each written diagnosis;

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

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, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act;

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

1. Determination of the application of the sentencing guidelines for sentencing under the former part of Article 37, Article 38(1)2 and (2), and Article 50 of the Criminal Act among concurrent crimes: The scope of recommendations for the sentencing guidelines for the lower limit: General traffic accidents.

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