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(영문) 인천지방법원 2018.04.05 2018고단543
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

1. Violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) is a person who is engaged in driving of five tons or more of freight cars, attaching a license plate of the Hyundai Track Cargo Vehicles.

On December 2, 2017, the Defendant driven the above cargo vehicle around 12:20 on December 12, 2017, and driven the road of four-lanes in front of the 755-do Samam of Yeonsu-gu, Incheon, in the direction of the two intersections, from the direction of the two intersections to the direction of the three intersections.

The Defendant, prior to the same direction, was 130 cars driven by the victim D (n, 28 years old) and therefore, the Defendant had a duty of care to ensure that a person engaged in driving a motor vehicle is well aware of the situation, to ensure safety distance to avoid when the motor vehicle stops, and to ensure that the person engaged in driving a motor vehicle has a duty of care to prevent accidents by accurately manipulating the steering gear and brakes of the motor vehicle and to prevent accidents.

Nevertheless, the Defendant neglected this and neglected to stop at the same speed even though the injured person stopped in the signal atmosphere, and caused the said i30-lane to get off the said i.30-lanes and i.e., the car driven by F, which was parked in the three-lanes, and the i.e., the car driven by F, which was parked in the fourth-lanes.

Ultimately, the Defendant suffered injury to the victim, such as salt, tension, etc. in need of medical treatment for about two weeks due to the above occupational negligence.

2. On December 12, 2017, the Defendant, at around 12:20, driven a 5-ton cargo vehicle listed in paragraph (1) without obtaining a driver’s license from the front of modern resources located in Yeonsu-gu Incheon Metropolitan City, Yeonsu-gu to the front of the 755-do 2nd class Aamam, Yeonsu-gu, Incheon, to the 800-hour 2nd class Aamam.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to D;

1. The statement of the occurrence of the H’s traffic accident and the F’s statement;

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