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(영문) 수원지방법원성남지원 2020.09.29 2020고단1665
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

Criminal facts

Some of the facts charged were corrected.

1. Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) by the Defendant is a person engaging in driving a motor vehicle B.

On May 9, 2020, the Defendant driven the above vehicle without a driver's license on May 18, 2020, and proceeded with the road of one lane in front of Gwangju City at the front of Gwangju City at the front of the C, from the front of the rock basin to the front of the calendar.

At this point, there was a center line of yellow solid lines, so a person engaged in driving of a motor vehicle has a duty of care to take into account the traffic situation of the direction of the vehicle without the center line, and to accurately manipulate the steering and brake devices so as to prevent accidents from occurring.

그럼에도 피고인은 이를 게을리한 채 중앙선을 침범하여 진행한 과실로 반대편 차로에서 반대방향으로 진행하던 피해자 D(63세)이 운전하는 E 그랜저 차량의 좌측 후사경 부분을 위 에쿠스 차량의 좌측 후사경 부분으로 들이받아 위 그랜저 차량의 후사경 파편이 위 차량 안으로 튕겨져 들어가게 하였다.

Ultimately, the Defendant suffered injury to the victim D, such as eyebrow, which requires approximately two weeks of treatment due to the above occupational negligence, on the part of the victim F (the victim F (the 54 years old), who was accompanied by the franchise vehicle, for about two weeks of treatment.

2. Around May 18, 2020, the Defendant violated the Road Traffic Act (unlicensed driving) driving on the front side of Gwangju City without a driver’s license on May 18, 2020.

Summary of Evidence

1. Application of Acts and subordinate statutes to the ledger of driver's license (investigative record 43 pages) for motor vehicles and field photographs (investigative record) of the defendant's legal statement and survey report, each medical certificate, vehicles and field photographs;

1. Article 3 (1), Article 3 (2) (proviso) 2 and 7 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act concerning facts constituting an offense;

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