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(영문) 서울남부지방법원 2019.03.12 2018고단6802
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of Bsch Rexton car.

1. On April 18, 2016, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) led the Defendant to drive a road near the Yangcheon-ro, Yangcheon-ro, Yangcheon-gu, Seoul to the Gandong Youth Training Center at the direction of the new IC, one-lane between the two-lanes, without obtaining a driver's license, on April 18, 2016.

No one shall drive a motor vehicle without obtaining a driver's license, and a person engaged in driving a motor vehicle has a duty of care to care in advance by properly operating brakes and preventing accidents.

Nevertheless, the Defendant neglected to do so and found the DNAS car which was stopped on the front bank by negligence without obtaining a driver’s license, and did not immediately stop the DNAS car, but did not stop the NAS car. The Defendant followed the NAS car by taking the NAS driver’s front panion of the NAS car and caused the NAS car to shock down the NAS car of the victim E(63 years old) who stopped in the front.

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

2. The Defendant violated the Road Traffic Act (unlicensed Driving) without obtaining a driver’s license at the same date and time as paragraph (1) of this Article, driving the said Boschnton car at approximately approximately 25 km away from the street in the south-gu Incheon Metropolitan City Glym to the neighboring road in Yangcheon-gu, Yangcheon-ro 939.

Summary of Evidence

1. Defendant's legal statement;

1. A report on accidents in preparation of E;

1. Application of Acts and subordinate statutes to the actual survey report, driver's license ledger, and medical certificate;

1. Article 3 (1) and the proviso of Article 3 (2) and 3 (7) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the relevant criminal facts, the Criminal Act;

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