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(영문) 수원지방법원 2019.08.12 2019고단1439
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a P PP 307CC car.

Around 08:20 on January 30, 2019, when a driver's license for a car was revoked, the Defendant driven the said car and proceeded at a speed of about 50km per hour from the surface of the Glin Road to the Clin Road at the Glin Road at the time of Gyeonggi-do, the two-lanes of the two-lanes in front of the Flin Road at the time of Gyeonggi-do.

The former is an intersection where the yellow flash signal is operated, so a person engaged in driving service shall enter the intersection by examining the course of other vehicles, and if there is another vehicle already entering the intersection, he/she shall yield the course of the vehicle.

Nevertheless, due to the negligence of the Defendant’s failure to enter the intersection as it is, the Defendant first entered the right side of the Defendant’s vehicle into the intersection in the direction of the direction of the road and received the left side of the victim D(27 years old) who was operating the vehicle.

Ultimately, the Defendant driven a motor vehicle without obtaining a motor vehicle transport license, and suffered injury, such as salt paneries and tensions, which require approximately three weeks of medical treatment due to occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. A medical certificate;

1. A traffic accident report;

1. Application of the statutes on the register of driver's licenses;

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) and the proviso to Article 3 (2) 7 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, and Articles 152 and 43 of the Road Traffic Act;

1. Grounds for sentencing among concurrent offenders under the former part of Article 37, Article 38 (1) 2 and (2), and Article 50 of the Criminal Act (within the scope of the sum of the long-term punishments of two crimes);

1. Scope of punishment by law: One to six years of imprisonment;

2. Scope of recommended sentences according to the sentencing criteria;

(a) First crime (the determination of type) (the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents).

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