beta
(영문) 대전지방법원 서산지원 2015.02.12 2014고정287

교통사고처리특례법위반등

Text

Defendant shall be punished by a fine of KRW 2,500,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

1. The Defendant in violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents is a person who is engaged in driving a CRati car owned by B.

On May 5, 2014, at around 14:30 on May 5, 2014, the Defendant, without a driver's license, proceeded along a three-lane road of the 267.4km km along the coast Highway located in Song-gu, Chungcheongnam-do.

When following the vehicle behind the vehicle running in the same direction, all vehicles must keep the distance to avoid the collision when the vehicle ahead stops suddenly, despite the fact that the defendant, by negligence not securing the safety distance, led the victim's D's sm7 vehicle behind the vehicle running in the same direction, to sm7 vehicle behind the vehicle ahead.

Ultimately, the Defendant suffered from the injury, such as salt, tension, etc., in each of the two weeks’ treatment to the drivers of E- victimized vehicles D, E-W, E-W, G, and H due to such occupational negligence.

2. The Defendant violated the Road Traffic Act at the time and place specified in the foregoing paragraph (1) thereby damaging the Esm7 vehicles driven by the victim D by the foregoing negligence to the extent that the amount equivalent to KRW 1,532,604 is equal to the repair cost.

3. On May 14:30, 2014, the Defendant violated the Road Traffic Act (unlicensed Driving) and driven a C motor vehicle owned by B in the section of approximately 30 kilometers from the French Sea (hereinafter referred to as the “Sari-si”), starting from the French Sea (hereinafter referred to as the “Sari-si”), the Defendant driven the C motor vehicle at the section of approximately 30 kilometers from the west-si (hereinafter referred to as the “Sari-si”).

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Current status survey report and the register of driver's licenses;

1. On-site photographs;

1. Application of the statutes governing a copy of each written diagnosis and a written estimate for motor vehicles;

1. Article 3 (1), the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 151 of the Road Traffic Act, Article 152 subparagraph 1, and Article 43 of the Road Traffic Act concerning the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each alternative fine for punishment;