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(영문) 수원지방법원 성남지원 2019.05.16 2018고단2769
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

1. Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) by the Defendant is a person who is engaged in driving a BNAS car;

On September 28, 2018, the Defendant driven the said car without a driver's license on September 28, 2018, and driven the said car at a point 15.2km in the direction of the straight intersection of the Seoul, the outer cycle Highway at a point 15.2km in the south-west city.

In such cases, a driver of a motor vehicle has a duty of care to take the front side and left side and right side well and to prevent accidents in advance by accurately manipulating the steering and brakes.

Nevertheless, the Defendant neglected to perform his duty at the time of the front-time, and was placed as the part of the victim C(39 years old) driving DK7 vehicle driving at the front-time driver's vehicle at the Defendant's No. Y7 vehicle at the front-time driver's vehicle due to its shock, and the part of the latter part of the victim E(E, E, E, 39 years old) driving, which was under a stop at the front-time while the above K7 vehicle was pushed up in the front-time due to its shock, was able to take the front-hand part of the above K7 vehicle.

Ultimately, the Defendant, by its occupational negligence, sustained injury to the victim C, who is a driver of the said K7 passenger car, such as salt, tensions, etc., in which approximately two weeks of treatment is required for the said K7 passenger car driver, injury to E (E) (E) who is a driver of the said K7 passenger car, such as salt, tensions, etc., in need of approximately three weeks of treatment, and injury to the victim G (33 years of age), H (23 years of age), I (33 years of age), J (50 years of age), and K (29 years of age), such as brain dys, etc., in which there are no two or more open measures requiring three weeks of treatment.

2. The Defendant violated the Road Traffic Act (unlicensed Driving) within a section of about 10km from the date and time border specified in the above paragraph (1) above to the point 15.2km from the front day of the Lonnam City to the right intersection direction of the Seoul outer cycle Highway.

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