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(영문) 서울동부지방법원 2016.10.13 2016고단2751
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

The Defendant is a person engaged in driving vehicles C.

On April 25, 2016, at around 13:30 on April 25, 2016, the Defendant driven the above-wing vehicle without a driver’s license, and led to the driving of the front of the Cheongi elementary school located in the salary grade 541, Young-dong, Young-dong, Chungcheongnam-gun, Chungcheongnam-do, in a speed of about 40 kilometers from the enclosed to the parallel.

Since there is a remote intersection where signal lights are installed, the driver of the motor vehicle has a duty of care to safely cross-sections according to the signals such as the above signal while accurately operating the brake and steering gear.

Nevertheless, the Defendant neglected to do so, while proceeding along the intersection even though it was a stop signal without a driver’s license, received the front part of the victim D(36 years old) driving E non-Mbable X-6 vehicles in front of the upper right side of the vehicle, which is followed by the foregoing signal signals, from the mountain village along which the intersection is located along the intersection.

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

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Written statements of D;

1. The register of driver's licenses (in the face of 13 pages), black boxes, and video CDs;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 3 (1), the proviso to Article 3 (2) 1 and 7 of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, Article 268 of the Criminal Act, subparagraph 1 of Article 152 of the Road Traffic Act, and Articles 43 of the Road Traffic Act concerning criminal facts;

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;

1. The criminal records of traffic-related fines are several times against the defendant for the reason of sentencing Article 62-2 of the Criminal Act.

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