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(영문) 울산지방법원 2013.12.13 2013고단2972
교통사고처리특례법위반등
Text

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

On February 21, 2007, the Defendant was sentenced to a fine of 700,000 won for the crime of violation of the Road Traffic Act at the Seoul Central District Court on February 21, 2007, and was sentenced to a suspended sentence of 6 months at the Seoul Western District Court on September 7, 2010 and was sentenced to a suspended sentence of 2 or more times for drinking driving.

The defendant is a person who is engaged in driving a CM5 car.

On June 12, 2013, at around 10:40, the Defendant, without a driver’s license, changed the lane into a two-lane while driving at a speed of about 80 kilometers per hour from the scopic side to the scopic distance of about 80 kilometers per hour from the scopic side of the northwest-gu, Ulsan Metropolitan City, Seoul Metropolitan City street, 32-6 points in front of the 32-6 point in Ulsan Metropolitan City street street.

In such cases, a person engaged in driving service of a motor vehicle has a duty of care to inform the change of direction by hand or direction, etc. in advance, to take into account the traffic conditions of the former, the latter, and to prevent accidents by changing the lanes.

Nevertheless, the Defendant neglected to do so and neglected to change the vehicle line, and caused the victim D (year 41) driving E 1 ton, which was straighted in the two-lanes, to the right part of the Defendant’s vehicle, and to the victim D with approximately three weeks of medical treatment, and to the victim F, who is the passenger of the damaged vehicle, the victim F, who is the passenger of the damaged vehicle, thereby incurring approximately three weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of D and F;

1. A report on detection of a host driver;

1. A traffic accident report;

1. The ledger of driver's licenses (No. 9 No.);

1. Each written diagnosis;

1. Previous convictions: Application of Acts and subordinate statutes concerning criminal records;

1. Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 148-2(1)1 of the Road Traffic Act, and Article 44 of the Road Traffic Act concerning criminal facts.

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