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(영문) 광주지방법원 2016.05.02 2016고단514
교통사고처리특례법위반등
Text

1. The defendant shall be punished by imprisonment for four months;

2. However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive;

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a C-learning car.

On January 10, 2016, the Defendant driven the said car without obtaining a driver's license on January 21, 2016, and led to driving the said car along the two-lanes between five-lanes from the south-gu Seoul Metropolitan City educational Dong in the southwest-gu.

In this case, there was a duty of care to prevent accidents in advance by driving safely, such as a person engaged in driving of a motor vehicle, who lives well on the front side, and accurately operating the steering direction and brake system of the motor vehicle.

Nevertheless, due to the negligence of neglecting this, the Defendant, while driving the victim D(57 years old), who was waiting in the traffic signal at the same lane as it is, took the back part of the victim D(57 years old), driving the upper right-hand passenger vehicle into front of the left-hand part of the Defendant’s car, and the above high-speed passenger vehicle due to its shock, was pushed forward in the future, and the front part of the victim FF(47 years old) driving, which was waiting in the traffic signal at the same lane as the front part, followed by the G taxi of the victim F(58 years old) driving of the victim H(58 years old) who was waiting in the traffic at the two lanes.

Ultimately, the Defendant suffered from the injury of the said victims, the said victims, and the victims'J (the age of 49), and K (the age of 11) who participated in the said K5 car due to the foregoing occupational negligence, for approximately two weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of F, D, and H;

1. Application of the actual survey report, the ledger of driver's licenses, each medical certificate, and statutes governing the scene of traffic accidents;

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents under the relevant Act concerning the facts constituting an offense, Article 268 of the Criminal Act (the occupation of each business and dental occupation), Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (the occupation of driving without a license);

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

1. Selection of penalty;

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