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(영문) 울산지방법원 2016.07.21 2016고단1807
교통사고처리특례법위반등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On May 9, 2016, the Defendant: (a) driven a C Poter in the section of approximately 3.5 km from the Do in front of the Tae River Station located in Ulsan-gu, Ulsan-gu, Busan-do, without a driver’s license on around 13:50 on May 13, 2016 to the economic promotion center located in Ulsan-gu, Ulsan-do.

2. On May 9, 2016, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents: (a) driven by a trucking freight around 13:50, and driven the road of five-lanes in front of the Economic Promotion Institute, Ulsan-gu, U.S., Ulsan-gu, along three-lanes from the right edgeal distance to the uppermost distance.

The Defendant had a duty of care to view the victim D(n, 55 years old) to follow the Eststraw car driven by the Defendant, and in such a case, the Defendant had a duty of care to avoid the accident by putting the driver on the right and the right of the driver of the vehicle, maintaining a sufficient safety distance with the vehicle ahead.

Nevertheless, the Defendant neglected to do so by negligence, discovered the said rocketing car, which was in the atmosphere of the signal at the front of the vehicle, and was stopped, but did not reach the said vehicle, and received the part behind the said vehicle as the front part of the said cargo vehicle.

As a result, the Defendant suffered injury to the victim, such as cerebral finites, which requires approximately two weeks of medical treatment due to the above occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

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

1. On-site photographs;

1. The driver's license ledger and the driver's license ledger;

1. A written diagnosis and written estimate;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Article 3 (1) and the proviso to Article 3 (2) 7 of the Act on Special Cases concerning the Settlement of Traffic Accidents under the relevant Act concerning criminal facts, Article 268 of the Criminal Act (the occupation and loss of duties, the choice of imprisonment without prison labor), Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (the occupation of unauthorized driving, the choice of imprisonment without prison labor);

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 38 (2), and 50 of the said Act (to the extent that the period of two crimes is aggregated);

1. The Criminal Act, the suspension of execution;

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