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(영문) 수원지방법원 성남지원 2017.07.06 2017고단1013
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for four 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 person who is engaged in driving a vehicle with C low Pest another car.

1. On February 5, 2017, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) went to the speed of about 30-40km from the area of the mark-dong, Sungnam-gu, Sungnam-gu, Sungnam-dong, Sungnam-gu, Seoul, to the direction of the marb in the direction of the marg of Sungnam-gu, Seoul.

At the time, since the road was at night and the road was slicked, there was a duty of care to reduce speed and drive safely by examining the right and the right of the driver of the motor vehicle.

Nevertheless, the defendant neglected this and caused the injury to the victim D (the age of 33) who is the passenger of the defendant's car to suffer from the injury of the brain bath that requires approximately 3 weeks of medical treatment, as the result of the defendant's negligence in driving on the left side, and caused the injury to the victim E (the age of 32) who is the passenger of the defendant's car to undergo approximately 6 weeks of medical treatment.

2. Violation of the Road Traffic Act (Non-licenseless Driving) driving of the Defendant, without obtaining a driver’s license at the time of the day set forth in paragraph 1, driven the said low-speed car at the section of approximately 30km from the section of the above 30km away from the section of the 2-dong-dong-gu, Sungnam-gu, Sungnam-gu, Seoul, to the area of the Ginam-dong-gu, Sungnam-gu, Seoul to the Ginam-nam-dong, Ginam-dong, Ginam-

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

1. The driver's license ledger;

1. Application of Acts and subordinate statutes of each written diagnosis;

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. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. As to the crime of violation of the Act on Special Cases concerning the Settlement of Traffic Accidents at the option of punishment, imprisonment without prison labor shall be chosen for the crime of imprisonment without prison labor or the violation of the Road Traffic Act;

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