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(영문) 대구지방법원 2018.09.06 2018고단2598

교통사고처리특례법위반(치상)등

Text

Defendant shall be punished by a fine of eight million won.

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

Reasons

Punishment of the crime

[criminal history] The Defendant was sentenced to a suspended sentence of two years on June 30, 2017 at the Daegu District Court on November 29, 2016 due to a violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents, etc., and the judgment becomes final and conclusive on June 30, 2017 and is still under suspended sentence.

[Criminal facts]

1. Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) is a person who is engaged in driving a CMW car.

On May 19, 2018, the Defendant driven the said car without obtaining a driver's license from around 23:10 on May 19, 2018, and led the Defendant to turn to the left two-lanes in the direction of the water market distance from the four-lane distance.

Since there was an intersection where a signal, etc. is installed, a person driving a motor vehicle as his/her duties has a duty of care to prevent accidents by driving the motor vehicle according to the signal or instruction indicating the traffic safety facilities.

Nevertheless, the Defendant, by negligence in violation of this, received the part of the victim D (71 tax) driven by the victim D (71) who was going in accordance with the straight line in the direction of a four-day distance from the direction of the straight line, and suffered injury, such as the salt, tension, etc. of the Gyeongta-si, which requires approximately two-day medical treatment, from the front part of the said car.

2. On May 19, 2018, the Defendant driven the said vehicle at a section of about 1 km from the front of the dong-gu, Daegu-dong parking site to the front of the dong-gu, Daegu-dong parking site without obtaining a driver’s license for a motor vehicle on May 23:10, 2018.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A survey report on actual conditions;

1. The driver's license ledger;

1. A medical certificate;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report-based previous convictions, and results of confirmation;

1. Article 3 of the Act on Special Cases Concerning the Settlement of Traffic Accidents and the Selection of Punishment.