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(영문) 대구지방법원 2019.01.31 2018고단5064
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. The Defendant is a person engaging in driving a two-wheeled vehicle BTS300 EVO 263cc.

On June 3, 2018, the Defendant driving the said two-wheeled vehicle without obtaining a Class 2 driver's license on 20:15, and driving the said two-wheeled vehicle at a speed of about 75 km per hour depending on the direction of the four-lane road in front of the D cafeteria in Daegu Suwon-gu C from the floodside of the water market and the direction of the road at a speed of about 75 km per hour.

Since there is a crosswalk in which signal lights are installed on the front door, there was a duty of care to check whether or not there is a person to walk the crosswalk by reducing speed and checking well the right and the right and the right of the person engaged in driving.

Nevertheless, the Defendant neglected to do so and passed the crosswalk as it is, and instead, took the front part of the above two-wheeled vehicle E (the age of 84) who crosses the crosswalk from the right side of the above two-wheeled vehicle to the left side of the pedestrian signal.

Ultimately, the Defendant caused the victim to suffer injury, such as cutting the body at the bottom of the Bridges, accompanied by a non-alleys (all parts) in need of medical treatment for about 16 weeks due to such occupational negligence.

2. The Defendant violated the Road Traffic Act (unlicensed Driving) without obtaining Class 2 driver’s license from about 1 km section from the date and time set forth in the above paragraph (1) to the front of the D cafeteria located in the same Gu and without obtaining Class 2 driver’s license. BTS300 EVO 263cc two-wheel vehicles.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. The actual condition survey report;

1. An accident site photograph;

1. A CCTV image closure photograph and field map;

1. Registers of driver's licenses;

1. Application of Acts and subordinate statutes to investigation reports, general diagnosis and the application of Acts and subordinate statutes;

1. Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and the Selection of Punishment concerning criminal facts;

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