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(영문) 인천지방법원 2018.09.12 2018고단4872
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Punishment of the crime

[criminal history] On November 26, 2014, the Defendant was sentenced to six months of imprisonment for a violation of road traffic law (unlicensed driving) at the Incheon District Court, and completed the execution of the sentence on June 22, 2015.

[Criminal facts]

1. Around 08:00 on June 5, 2018, the Defendant driven a eMW 530 car without a vehicle driver’s license within a 1km section from the Nam-gu Incheon Metropolitan City to the same Gu C and D pharmacy front of the same Gu C and D pharmacy.

2. The defendant, who violated the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) is a person engaged in driving the said car;

At the same time as set forth in the preceding paragraph, the Defendant driven the said car and driven the said D’s four-lane road in front of the said D’s pharmacy, along two-lanes, toward the shooting distance of the Insular Island.

On the front of the defendant's moving direction at the time, the victim F (73 tax) G-Wn-Wn-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-

Nevertheless, the Defendant, as seen above, operated a cell phone without a driver’s license, neglected to take care of the front part of the above BMW530 vehicle by negligence, and caused the above victim to suffer injury, such as dump dump, tension, etc., which requires approximately two weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Report on the occurrence of a traffic accident, one report on a traffic accident, and two reports on a traffic accident;

1. The application of a reply to inquiry, a report on investigation (verification of the current status of personal expropriation) statute;

1. Article 3(1) and the proviso of Article 3(2)7 of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the relevant Act and the Special Cases concerning the Selection of Punishment, Article 268 of the Criminal Act (the occupation of occupational and dental occupation, the choice of imprisonment without prison labor), Article 152 subparag. 1 and 152 of the Road Traffic Act.

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