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(영문) 대구지방법원 상주지원 2016.06.14 2016고단69
교통사고처리특례법위반등
Text

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

However, the execution of the above sentence shall be suspended for a period of 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 B-II cargo vehicles.

On December 22, 2015, the Defendant driven the above cargo without obtaining a driver's license on a motor vehicle from around 07:35 on December 22, 2015, and led to the driving of the above cargo along two-lanes from the Yacheon-gu, Yacheon-gu, Yacheon-do to the Hadong-dong Myeon.

At the time, the two-lanes of the two-lanes of the road in which the center is installed, the driver of the motor vehicle had a duty of care to safely operate the steering system and the brakes by accurately manipulating the steering system and the brakes.

Nevertheless, the Defendant neglected to do so and did not keep the right and the right and the right and turned off one-lane by negligence, which led to a collision between the two sides of the said cargo vehicle and the one-way driver in front of the right side of the said cargo vehicle, which the victim C(68 years old) drive.

As a result, the Defendant suffered from the above victim’s occupational negligence, such as the injury of salt, tensions, etc. in need of approximately 2 weeks of treatment, and the injury of the victim E (the age of 57) who was accompanied by the D Poter II cargo from the victim E (the age of 57) who was accompanied by approximately 3 weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol against C and E;

1. A report on the occurrence of a traffic accident, reports on each traffic accident, and photographs on the scene of the accident;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Article 3(1) and the proviso to Article 3(2)7 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 152 Subparag. 1 and Article 43 of the Road Traffic Act concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. The offense of violating the Act on Special Cases concerning the Settlement of Traffic Accidents at the option of punishment shall be punished by imprisonment without prison labor or imprisonment without prison labor for a violation of the Road Traffic Act

1. The former part of Article 37 of the Criminal Code of Aggravation of Concurrent Crimes;

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