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(영문) 대전지방법원 2015.06.10 2015고정578

교통사고처리특례법위반등

Text

1. Defendant shall be punished by a fine of 2,000,000 won;

2. If the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant is a person engaging in driving a rocketing car.

On January 5, 2015, the Defendant driven the said car without a driver's license on January 22 and 15, 2015, and proceeded ahead of the tunnel with the passage of the World Cup Stak Stak Stak Stak field in Daejeon Pung-gu.

At the time, the defendant tried to drive a three-lane and change the course into a four-lane, so in such a case, there was a duty of care to safely change the course and prevent the accident from occurring.

Nevertheless, the Defendant neglected this and did not check whether there is a vehicle driving on the four-lanes, and instead changed the course to the four-lanes, and received the back part of the D Pool motor vehicle driving at the four-lanes by the injured party C(23 years old) as the front part of the above D Pool motor vehicle.

Ultimately, the Defendant suffered, by such occupational negligence, the injury to the victim C, such as salt, tensions, etc. of the shoulder pipe, which requires approximately two weeks of medical treatment, and the injury to the victim E (V, 21 years of age) who was accompanied by the aforementioned te (M, 21 years of age) in need of medical treatment for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of C and E;

1. The actual condition of traffic accidents;

1. On-site storage;

1. An accident vehicle photograph;

1. Registers of driver's licenses;

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

1. Article 3 (1) and the proviso of Article 3 (2) of the Act on Special Cases concerning the Handling of Traffic Accidents by Relevant Acts concerning criminal facts, 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. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (Punishment as a violation of the Act on Special Cases concerning the Settlement of Traffic Accidents against E with heavy criminal situation among those violating the Act on Special Cases concerning the Settlement of Traffic Accidents);

1. Selection of an alternative fine for punishment;

1. Aggravation for concurrent crimes;