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(영문) 대전지방법원 2016.04.07 2016고단235
교통사고처리특례법위반등
Text

A defendant shall be punished by imprisonment for not more than ten 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

The defendant is a dump truck driver.

On January 15, 2016, the Defendant was driving a dump truck from 739, 739, the Jung-gu, Daejeon, Daejeon, Daejeon, without obtaining a driver's license, at the 2nd Cump-ro, Jung-gu, Daejeon, the Defendant was operating a dump truck from the dump to the hump to the hump to the hump of the animal source. In such a case, the Defendant was operating a driving company at the three-distance intersection where the red-off signal was operated. Despite the duty of care to check whether there was a vehicle entering the intersection by temporarily stopping the above intersection before the red on-off signal was operated, the Defendant failed to stop the above intersection while entering the intersection at the speed of the time without temporarily stop the above intersection, and without receiving the above hump truck from the hump to the hump to the right side of the victim E (18 years old) with the above part of the driver's license for the above hump to the left side of the road.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A survey report on actual conditions;

1. Driver's license (A);

1. A medical certificate;

1. Application of statutes on field photographs;

1. Relevant Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Special Cases concerning the Selection of Punishment, Article 3 (2) 1 and 7 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act (the occupation of occupational and de facto occupation, the choice of imprisonment without prison labor), Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (the occupation of unlicensed driving and the choice of imprisonment without prison labor);

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62(1) of the Criminal Act (the suspension of execution or the fine to the accused for the same crime);

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