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(영문) 대전지방법원 천안지원 2015.06.26 2015고정269

교통사고처리특례법위반등

Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

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 engaged in CT10 driver’s license without obtaining a motorcycle driver’s license.

At around 00:30 on April 17, 2009, the Defendant continued to drive at a speed that is difficult to know in the direction of the due diligence of the Hoi University near the Hoi University, which is located in the expenditure of the Sinsan-si in the Sinsan-si.

At the same time, the victim B (the 24 years old) was a building up the road. In such a case, there was a duty of care to check whether a person engaged in driving service is a person who gets on the way to reduce the speed and to check the right and the right and the right and the right and the right and the right and the right are well and to drive safely.

Nevertheless, the defendant neglected this and proceeded as it was, and the victim who dried a road to the right side from the left side of the proceeding direction was shocked by the front side of the vehicle.

Ultimately, the Defendant suffered injury to the victim, such as brain salvin, which requires medical treatment for about three weeks due to such occupational negligence.

2. Violation of the Road Traffic Act (free license) the Defendant driven a T100-obane on a section of about 200 meters from the front day of the “Madin Madin Sea” road located in the expenditure rate of Sinsan Sinsan-si in the above temporary border to the roads near the Hog University located in the above expenditure Ri without a motorcycle driver’s license.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of the investigation report and the investigation report;

1. Descriptions of a medical certificate;

1. Application of Acts and subordinate statutes to entry in the register of driver's licenses;

1. Relevant legal provisions concerning criminal facts, Articles 3 (1) and 3 (2) (proviso) and 7 of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act, subparagraphs 2 and 43 of Article 154 of the Road Traffic Act, and the selection of fines;

1. Of concurrent crimes, punishment provided for in the former part of Article 37, Article 38 (1) 2 and Article 50 of the Criminal Act shall be heavier;