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(영문) 서울동부지방법원 2014.03.20 2014고단51
교통사고처리특례법위반등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. The defendant in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents is a person who is engaged in driving a single-class truck transport vehicle;

On December 19, 2013, the Defendant driven the above truck on 05:30 on December 19, 2013, and moved to the right right by way of approximately 5 km per hour from the south side of the fall market to the south side of the Japanese auction market 9320, as in Songpa-gu Seoul.

Since there are many vehicles and pedestrians in a village market, the driver of the vehicle has a duty of care to check the safety of the course and prevent the accident in advance by reducing the speed for those engaged in driving, and by checking well the front left and right left well.

Nevertheless, the Defendant neglected to do so and found the victim C (n, 56 years old) who was passing through the intersection from the direction of the off-to-the-day auction site to the e-mail (n, 56 years old) by negligence of neglecting this, and caused the victim to suffer brain injury in need of approximately 12 weeks of medical treatment.

2. The Defendant violated the Road Traffic Act (unlicensed Driving) at the same time, driving the said truck without obtaining a driver’s license in a section of about 200 meters in front of the above accident place on the road at the Seoul Cheongju-dong Seoul 600 Scridong, Songpa-gu Seoul Ga, without obtaining a driver’s license.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. C's statement on the occurrence of traffic accidents;

1. A report on the occurrence of a traffic accident;

1. Each photograph (accident place, electric transport vehicle);

1. A medical certificate;

1. Application of Acts and subordinate statutes to each investigation report (to examine whether the person is a truck of the 119 first responder D fire station telephone conversations, a licensed manager of the Seoul Regional Police Agency, or a truck of the electric transport vehicle);

1. Article 3(1), proviso of Article 3(2)7 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act concerning criminal facts.

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