beta
(영문) 창원지방법원 통영지원 2013.11.28 2013고정500

교통사고처리특례법위반등

Text

Defendant shall be punished by a fine of KRW 2,000,000.

If the defendant does not pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

On June 20, 2013, at around 17:35 on June 20, 2013, the Defendant, without a driver's license, driven a three-distance road in front of the entrance of the large village of the TM3 car of the same paragraph, and moved bypass from the Do-dong village to the Do-dong village.

In such cases, a driver of a motor vehicle has a duty of care to drive the motor vehicle in a safe way, such as checking the traffic situation by temporarily stopping or slowly driving the motor vehicle before entering the intersection, and driving the motor vehicle with a preferential traffic right by driving the motor vehicle.

Nevertheless, the Defendant neglected this and received the part adjacent to the left-hand side of the victim D's driving, which was directly left-hand from the right-hand side of the course due to the occupational negligence entering the above three streets, as the front-hand part of the Defendant's car.

As a result, the Defendant caused the victim D to suffer a trend and scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic s

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident actual condition survey report and a traffic accident occurrence report;

1. The register of driver's licenses (A) and written diagnosis;

1. Application of Acts and subordinate statutes on accident-related photographs;

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;

1. Selection of each alternative fine for punishment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;