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(영문) 창원지방법원 2017.02.09 2016고단3275
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. The Defendant is a person who drives a C-wing and cargo vehicle in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents.

On September 27, 2016, the Defendant driven the above cargo vehicle without obtaining a driver's license of a motor vehicle on September 18, 2016, and made the left turn to the left of the road in front of the office of managing the apartment complex with the same mind in the open-dong of Kimhae-si.

In this case, there was a duty of care to prevent accidents in advance to those who are engaged in driving of a motor vehicle.

Nevertheless, the defendant neglected this and got the victim D (the age of 45) who was passed by the left side on the right side of the bend of the bend, due to his negligence, and got the victim D (the age of 45) to the front part of the left side of the above cargo vehicle, and imposed the victim's left side bridge with the front part of the above cargo vehicle's driver's seat.

Defendant 1 suffered injury to the victim due to the above occupational negligence, such as the inside and the joints of the left-hand side, which requires approximately 10 weeks medical treatment.

2. The Defendant violated the Road Traffic Act (Non-licenseless Driving) driven the said cargo at a section of about 900 meters from the front of the apartment house in the building-gu, the apartment in the city of Kimhae-si without obtaining the driver’s license for the said day to the front of the 303-lane apartment in the front of the 190-meter road.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. A survey report on actual conditions;

1. The driver's license ledger;

1. A medical certificate;

1. Application of the photographic Acts and subordinate statutes;

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

1. Selection of imprisonment without prison labor for the crime against the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents at the Time of Penalty, or the violation of the Road Traffic Act;

1. The former part of Article 37 of the Criminal Code, Article 38(1)2 of the Criminal Code, which increases concurrent crimes.

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