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(영문) 대구지방법원 김천지원 2020.01.07 2019고단1395
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

1. Around September 17:57, 2019, the Defendant driven an Epoter II truck without obtaining a driver’s license in a section of about 800 meters from the front of C in Kimcheon-si B to the front of D in the same city.

2. The defendant is a person who is engaged in driving of the foregoing cargo vehicle.

On September 24, 2019, at around 17:57, the Defendant driven the G front road in Kimcheon-si, Kimcheon-si, and continued the said car from Crd to H level.

Since there is a duct of a runway where commercial buildings are densely concentrated, the person engaged in driving service has a duty of care to verify whether there is a vehicle that stops in the vicinity and to accurately check the steering direction and operation system.

Nevertheless, the Defendant neglected this and neglected to drive the said car without the driver’s license, and instead neglected to drive the said car on the front road of G, and received the back side part of the victim I (the 59-year-old driver’s license) driving on the front road of G, as the front part of the said cargo vehicle.

As a result, the Defendant suffered injury to the victim I and the passenger K (n, 35 years old) of the victimized vehicle by negligence in the course of performing the above duties for two-day medical treatment, such as climatic trends, salted tensions, tensions, etc., and the Defendant suffered injury to the passenger L(1 year old) in need of a medical treatment for about one week.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of the occurrence of an I traffic accident;

1. Report on the occurrence of traffic accidents, report on the actual condition of traffic accidents, and the register of driver's licenses;

1. Application of Acts and subordinate statutes to report internal investigation (referring to the submission of medical certificates);

1. Relevant provisions of 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, subparagraph 1 of Article 152 of the Road Traffic Act, and Article 43 of the Road Traffic Act concerning criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of penalty;

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