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(영문) 인천지방법원 2013.05.15 2013고단791
교통사고처리특례법위반등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around 23:55 on January 5, 2013, the Defendant driving a B car without a driver’s license at a section of approximately 700 meters following the day from the front of a water bath restaurant in which it is impossible to ascertain the Bupyeong-gu Incheon Bupyeong-gu Bupyeong-gu, Incheon, for the Defendant to drive a B car rental car without a driver’s license in the section of approximately 700 meters following the day from around 00:00 to the front road of the 528-8 large street.

2. The Defendant in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents is a person who is engaged in driving B car free cars.

On January 6, 2013, at around 00:00, the Defendant driven the said car without a driver’s license, and moved to the right-hand of approximately 15 km per hour from the erode of the market to the erode of the agricultural road in front of the 528-8 large-scale large-scale, Bupyeong-gu, Incheon.

At the time, there is a night and a road crossing, so there was a duty of care to check whether a person engaged in driving of a motor vehicle is a person who is engaged in driving the motor vehicle well, and whether a person is a person who gets on the road, and to proceed safely.

Nevertheless, the Defendant neglected this and found the victim C (a woman, 71 years old) who dried the crosswalk according to the pedestrian signal due to negligence in driving the crosswalk, and received the victim's left knee part due to the front kne part of the said vehicle.

Ultimately, the Defendant suffered injury to the victim, such as fluoral salt, which requires approximately three weeks of treatment due to the above occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

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

1. Article 152 subparagraph 1 of Article 152 of the Road Traffic Act, Article 43 of the Act on Special Cases concerning the Settlement of Traffic Accidents, the proviso to Article 3 (1), Article 3 (2) 6 and 7 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, the applicable provision concerning criminal facts, the selection of punishment, and the selection of imprisonment without labor

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2 and (2), and Article 50 of the Criminal Act;

1. Article 62(1) of the Criminal Act is erroneous for the suspended execution.

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