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(영문) 대전지방법원 2019.01.09 2018고단3935
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person engaging in driving a rocketing car.

On January 11, 2015, at around 07:51, the Defendant driven the said car without obtaining a driver’s license, and led to the two-lanes of the two-lanes between the two-lanes of the flowway and the luxle road, which is located in the margin of Daejeon Pungdong-gu.

At this point, there is a center line of yellow solid lines, and in such a case, the defendant engaged in driving service has a duty of care to safely drive the motor vehicle by maintaining the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the duty of care to safely drive the motor vehicle.

Nevertheless, the Defendant neglected to do so and did not go through a speed pedal and invaded the central line, and received the part of the victim D(33 years old) driving on the left side of the instant vehicle as the chief part of the said vehicle operation.

Ultimately, the Defendant suffered injury to the victim D, such as salt, tension, etc. in need of approximately nine days of treatment by occupational negligence as above.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. The actual condition survey report;

1. Registers of driver's licenses;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Relevant legal provisions concerning criminal facts, Articles 3 (1), 3 (2) (proviso) 2, 7, and 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act, Article 152 subparagraph 1 of the Road Traffic Act, Article 152 and Article 43 of the Road Traffic Act, and the choice of imprisonment, respectively;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Code of the community service order [the scope of recommendation] of the first type of general traffic accident (the injury of traffic accident) (one to eight months) (the special mitigation person) (one type), and a case where minor injury occurs (including a case where special mitigation person) (the decision of sentence includes a serious effort to recover the damage) (the decision of sentence).

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