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(영문) 수원지방법원 성남지원 2019.05.29 2019고단744
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Some of the facts charged were corrected.

1. On October 13, 2018, the Defendant violated the Road Traffic Act (unlicensed driving) and driven a 11-person passenger car owned by the Defendant within a distance of about 28 km from an influoral place (hereinafter referred to as the “influoral area”) to the front road of Gwangju City without obtaining the Class 1 ordinary driving license on October 13, 2018.

2. Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) is a person who is engaged in the operation of a vehicle with 11 passengers on board owned by the Defendant.

On October 13, 2018, at around 11:35, the Defendant, without obtaining a Class 1 ordinary vehicle driving license, started from an infinite place (hereinafter referred to as the “D Dogwon”) and continued to run in order to park in the parking lot at the Dogwon located in Gwangju City B.

At this point, it was a road located in the ducro, and there was a 4m wall at the front section, so in such a case, the driver of the motor vehicle has a duty of care to prevent the accident in advance, such as making the steering system, brakes, and other devices of the motor vehicle accurately, and making the driver of the motor vehicle safe use of the road at the front section.

Nevertheless, as long as the defendant neglected this and did not properly operate the brakes, the vehicle driven by the defendant was crashed under the wall of the amount of four meters in front.

Ultimately, the Defendant suffered injury to the victim E, who was on the same job due to the above occupational negligence, such as the external wounds of the pertinent 12-day signboard requiring the treatment of approximately 3 months, and the pressure frame that requires approximately 13-day treatment to the same victim F, and the injury to the injury caused by the injury to the victim H, which requires approximately 13-day treatment to the same victim G.

Summary of Evidence

1. Defendant's legal statement;

1. G, E, and F.

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