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(영문) 서울중앙지방법원 2013.05.15 2012고정6282

교통사고처리특례법위반등

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Defendant shall be punished by a fine of KRW 4,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The defendant of "2012 High Court 6282" is a person who drives BITI100 Oba.

1. On June 28, 201, the Defendant violated the Road Traffic Act (unlicensed driving) driving the above Oralba without a motorcycle driver’s license around 13:25 on June 28, 201, and driving approximately KRW 1 km from the Chinese necessary point of China located in the Seocho-gu Seoul Seocho-gu Seoul Metropolitan Government Seosan to the same dong eropiced intersection.

2. The Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents, without a driver’s license, was driving the two-wheeled vehicle on the date and time set forth in the above paragraph (1) and became to turn to the left in the direction of salvous in the

In such cases, since there are frequent traffic routes, there was a duty of care to check and proceed with the traffic situation of the intersection as well as the safety by temporarily suspending or slowly driving prior to the entry of the left.

Nevertheless, the defendant neglected to turn to the left and did not discover the victim C (the age of 43) who cross the crosswalk from the left and cross the crosswalk to the right, and received the front wheels of the two-wheeled vehicle.

Therefore, the above victim suffered injury such as brain-dead, which requires treatment for about two weeks.

The defendant of "2012 Go-Ma6283" is a person who drives a DT 100 Oral land owned by the land.

1. On September 7, 201, at around 03:00, the Defendant driven the above Oralba while under the influence of alcohol of 0.126%, and the house in front of 1237-4, Gangnam-gu, Gangnam-gu, Seoul is proceeding at a speed of about 20km per hour.

In such cases, a person engaged in driving service has a duty of care to accurately operate the steering direction and brake system and to report well the right and the right of the steering system and to safely proceed with it.

Nevertheless, the defendant neglected this and caused the victim E (the age of 37) who was walking ahead of it to go beyond the ground in the same room as he went beyond the center of driving.