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(영문) 전주지방법원 정읍지원 2019.08.13 2019고단3
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for not more than ten 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 who is engaged in driving of B Poter Cargo Vehicles.

1. On December 17, 2018, the Defendant violated the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) was driving the said vehicle without obtaining a driver’s license of the said vehicle, and the driving of the said vehicle led the vehicle to the C Hospital in front of the regular Eup/Myeon office located in the center of the regular Eup/Myeon.

At that time, vehicles were parked on the right side, and in such a case, there was a duty of care to prevent accidents by accurately manipulating the steering gear and operating the steering gear, and to prevent accidents.

Nevertheless, the Defendant neglected this and neglected to perform his duty in the front bank, and did not avoid the victim D (n, 48 years old) crossing the road from the right side of the road in the direction of the defendant's running on the left side, and received the parts of the victim's body from the front side of the defendant's vehicle and caused the victim to go beyond the floor.

Ultimately, the Defendant suffered approximately four weeks of medical treatment due to occupational negligence as above from the victim’s abstinence, etc.

2. The Defendant violated the Road Traffic Act (unlicensed Driving) without obtaining a driver’s license for the temporary border as stipulated in paragraph (1), and driving the said vehicle at a section of about 2 km from the date of the regular Eup/Myeon to the front day of the tax office of the regular Eup/Myeon located in the central one road of the city.

Summary of Evidence

1. Defendant's legal statement;

1. Legal statement of witness D;

1. The actual survey report on traffic accidents and on-site photographs;

1. The ledger of driver's licenses;

1. Application of the Medical Certificate (D) Acts and subordinate statutes;

1. Article 3(1) and the proviso of Article 3(2)7 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act and Article 152 subparag. 1 of the Road Traffic Act concerning criminal facts;

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