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(영문) 의정부지방법원 고양지원 2018.08.02 2018고단901
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

1. On April 8, 2018, the Defendant violated the Road Traffic Act (Non-licenseless Driving) driving a DamM7 car in the section of about 300 meters from the front of the Domba laba in Gyeyang-gu, Seoyang-gu, Seoyang-gu to the front of the bus stops at the 30-11, a Dombro middle school bus stops in the same luxroro-gu.

2. The Defendant is a person who is engaged in driving a DSS7 car.

On April 8, 2018, the Defendant driven the above car on April 03:5, 2018, and started a stop in two-lanes from the original side to the intersection of the motor vehicle at the bus stops of a lux middle school bus stops of the 30-11, the lux-gu, Seoyang-gu, Seoyang-gu, Seoyang-gu.

In such cases, a person engaged in driving of a motor vehicle has a duty of care to check the safety of course and prevent accidents by driving the motor vehicle in advance, with the view of the former, the rear, and the left and right sides.

Nevertheless, the defendant neglected this and got a bicycle driven by the victim E (19 years old) who was driven by the first lane due to the negligence of driving without a license and entering the same lane as above, and received the front part of the left side of the said car.

Ultimately, the Defendant suffered injury to the victim, such as salt, tension, etc. in need of approximately two weeks of treatment due to such occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement protocol (short traffic) made by the police to E;

1. The application of Acts and subordinate statutes (D) to the survey report on the actual condition of a traffic accident, an accident scene photograph, a bicycle photograph, a photo of a melting vehicle (D), a diagnostic certificate, the ledger of driver's licenses for motor vehicles,

1. Relevant legal provisions concerning criminal facts, Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act (the point of causing occupational negligence, the choice of imprisonment without prison labor), subparagraphs 1 and 43 of Article 152 of the Road Traffic Act (the point of driving without a license, the choice of imprisonment with prison labor);

1. The former part of Article 37 of the Criminal Code, Article 38(1)2 and 38(2) of the Criminal Code, which aggravated concurrent crimes.

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