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(영문) 의정부지방법원 2019.06.18 2019고단1278
교통사고처리특례법위반(치상)등
Text

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

Reasons

Punishment of the crime

1. The defendant is a person who is engaged in driving freight B in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents;

On January 1, 2019, the Defendant driven the above cargo at around 21:10, and started before the Bupyeong Military Police Station, and continued to turn to the left at the D level at the speed of the front of the same military intersection.

No one shall drive a motor vehicle without obtaining a driver's license, and any person who drives a motor vehicle has a duty of care to live well on the front side and the left and to prevent accidents by safely driving the motor vehicle.

Nevertheless, the Defendant neglected to do so and failed to take the left and left-hand side without obtaining a driver's license and failed to turn it back to the left, and thereby, received the part on the left-hand side of the Ferer-crock cruise driveed by the victim E (53 years old) who left-hand side from the right-hand side of the cargo vehicle of the Defendant.

Ultimately, the Defendant by occupational negligence inflicted injury on the victim, such as salt, tension, etc. of the bones of wood, which requires medical treatment for about two weeks, on the part of the victim, and on the part of the victim G (V, 58 years old) who was accompanied by the said victim’s vehicle, the Defendant suffered from each injury, such as salt, tension, etc. of the bones of wood that requires medical treatment for about two weeks

2. On January 1, 2019, the Defendant was driving the said cargo vehicle without obtaining a driver’s license, starting from around 21:10 on January 21, 2019 to the front of the Defendant’s home of H, Pyeongtaek-gun, and driving the said cargo vehicle without obtaining a driver’s license for a 4km section to the front of the same military

Summary of Evidence

1. Defendant's legal statement;

1. The actual survey report and the report on the occurrence of traffic accidents;

1. Registers of driver's licenses;

1. Each written diagnosis;

1. Application of statutes on site photographs;

1. Article 3 (1) and the proviso of Article 3 (2) of the Act on Special Cases concerning the Handling of Traffic Accidents by Relevant Acts concerning criminal facts, Article 268 of the Criminal Act, subparagraph 1 of Article 152 of the Road Traffic Act, and Article 43 of the Road Traffic Act;

1. Commercial concurrence;

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