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(영문) 청주지방법원 2019.04.30 2019고단387
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment with prison labor for up to 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 engaged in driving of B rocketing or other automobiles.

On January 12, 2019, the Defendant, at around 02:05, proceeded from the side of the D Hospital to Ethio, with the road front of the Heung-gu C hotel in Chungcheongnam-gu, Chungcheongnam-gu.

At this point, there is no center line, and in this case, the person engaged in the driving duty has a duty of care to prevent accidents by accurately manipulating the steering gear and brakes.

Nevertheless, the Defendant neglected this and caused the injury to the victim, such as dump dump, tensions, etc., which require approximately two weeks of medical treatment, following the left side of the string vehicle of F (39 years old) driving due to the negligence of driving without a driver's license, following the left side of the string vehicle of F (39 years old).

2. The Defendant violated the Road Traffic Act (unlicensed Driving) at the time and place specified in Paragraph 1, and drive B rocketing cars without obtaining a driver’s license.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Report on the occurrence of a traffic accident, report on actual condition of the traffic accident, report on actual condition, certificate of driver's license, report on internal investigation, and detailed statement of case processing report;

1. Application of Acts and subordinate statutes of a report site photograph and diagnostic certificate;

1. Relevant legal provisions concerning criminal facts, Article 3 (1), the proviso to Article 3 (2) and Article 3 (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 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 (the fact that there is no past record of suspended sentence of imprisonment or more);

1. Social service order under Article 62-2 of the Criminal Act;

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