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(영문) 수원지방법원 2018.04.24 2017고단4343
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal history] On April 18, 2017, the Defendant was sentenced to imprisonment with prison labor for 6 months for a violation of road traffic law (unlicensed driving) in the support of Suwon Frigwon, and the judgment on April 26, 2017 became final and conclusive.

[2] Criminal facts are as follows: (a) the Defendant is a person who is engaged in driving of B-to-purd passenger vehicles; and (b) the date and time of the crime as stated in the indictment on February 19, 2017 without obtaining a driver’s license; and (c) the Defendant is erroneous.

Around 19:50, the lower part of the DCR-V car of the victim C(29 years old) who was waiting for a signal to the front bank due to the negligence that did not properly operate the operation system while driving the said AJ-V car at the intersection in the vicinity of the 3-lane road in the vicinity of the Rural Development Agency located in Suwon-si, which is the number of the running lines of Suwon-si, and caused the victim E (the 25 years old), who is the front part of the said AJ-V car, the passenger of the victim C and CR-V car, by obtaining the back part of the said AJ-V car, and caused the victim E (the 25 years old), who is the passenger of the C and CR-V car, for about two weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. A traffic accident report and an accident-related photograph;

1. Each written diagnosis;

1. The driver's license ledger (A);

1. Previous convictions in judgment: Application of a reply letter to inquiry, text of judgment, summary information of the case, such as criminal history;

1. Subparagraph 1 of Article 152 of the Road Traffic Act and Article 43 (U.S. Driving without License) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 3 (1) and the proviso to Article 3 (2) 7 of the Act on Special Cases concerning the Settlement of Traffic Accidents, and Article 268 of the Criminal Act concerning facts constituting an offense;

1. Articles 40 and 50 (Punishments provided for in the Act on Special Cases concerning the Settlement of Traffic Accidents between Crimes of Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents and Punishment for Crimes of Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents against Victims E with heavier criminal standing);

1. Selection of a sentence of imprisonment without prison labor for the crime of violation of traffic law at the option of a sentence, and the crime of violation of the Act on Special Cases concerning the Settlement of Traffic Accidents;

1. The Criminal Act dealing with concurrent crimes;

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