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(영문) 수원지방법원 평택지원 2016.12.22 2016고단2031
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 a NAS car.

On September 2, 2016, the Defendant driven the above vehicle without obtaining a driver's license at around 18:45 on September 22, 2016, and led to the driving of the above vehicle along the two-lanes of the two-lanes of the two-lanes of the Cheongbuk High School.

Since there is a section where a central line is installed and it is impossible to hold a U-turn, in such a case, a driver of a motor vehicle shall not attempt a U-turn by changing the lane from two lanes to one lane, and in order to change the lane, there was a duty of care to check whether there was a motor vehicle already being driven on the lane to change the lane, and to change the lane safely.

Nevertheless, the Defendant neglected this and instead changed the two lanes from the two lanes to the one lane, thereby driving the victim D(33 years of age) who was driving along the one lane, and received the part on the right side side of the CA110B Otob, which was driven by the victim D(33 years of age).

As a result, the Defendant suffered injury to the victim due to the above occupational negligence during approximately five weeks of treatment, outside the right legle and the joint pelle which require treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Statement made to D by the police;

1. The actual survey report and on-site photographs;

1. Registers of driver's licenses;

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

1. Article 3 (1), the proviso to Article 3 (2) or 7 of the Act on Special Cases concerning the Settlement of Traffic Accidents concerning Criminal Facts, Article 268 of the Criminal Act, subparagraph 1 of Article 152 or Article 43 of the Road Traffic Act;

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. Determination on the application of sentencing guidelines for sentencing of Article 62-2 of the Criminal Act on Probation: The scope of recommending sentencing guidelines for listed vehicles subject to the lower limit: the type of general traffic accident shall be the injury.

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