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(영문) 광주지방법원 목포지원 2018.04.06 2017고단1368
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in the operation of the C Launa car.

On September 19, 2017, the Defendant driven the said car without obtaining a driver's license of the said car, and proceeded at a speed of about 30 km from the side of the agricultural and industrial complex to the fluoral fire extinguishing bamboo at a speed of about 30 km per hour.

Since there is a place where the center line of yellow solid lines is installed, a person engaged in the driving of a motor vehicle has a duty of care to thoroughly see the front line and to prevent accidents in advance.

Nevertheless, the Defendant neglected this and got the front part of the victim E-Operation F CA110 two-wheeled vehicle, which was proceeding in line with the direction of the Defendant’s proceeding due to the negligence of breaking the central line, as the front part of the Defendant’s car.

As a result, the Defendant caused the victim to suffer injury, such as cutting the upper part of the upper part of the right, which requires approximately seven weeks of medical treatment, due to such occupational negligence.

Summary of Evidence

1. Statement of the defendant in the first trial record;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police for E;

1. Motor vehicle accident report and motor vehicle driver's license ledger;

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

1. Relevant Article of the Act on Special Cases Concerning the Settlement of Traffic Accidents, Article 152 subparagraph 1, Article 43 of the Road Traffic Act (Unlicensed Driving, Selection of Imprisonment), and Article 3 (1) of the Act on Special Cases Concerning the Settlement of Traffic Accidents (the occupation of injured person caused by occupational negligence, and Selection of imprisonment without prison labor);

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

1. The reason for sentencing under Article 62(1) of the suspended sentence under the Criminal Act is that the defendant was committed and the victim was repented, and the defendant did not want the punishment against the defendant, and the public official supporting the disabled children or the defendant's driving without a license, and the crime of this case committed the crime of this case where the defendant invadeds the central line while driving without a license and caused a traffic accident and caused the victim's serious injury.

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