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(영문) 광주지방법원 2013.11.29 2013고정2312

교통사고처리특례법위반등

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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 paid.

Reasons

Punishment of the crime

The defendant is a person who drives B vehicles.

On September 10, 2010, the defendant, without obtaining a driver's license from the commissioner of the district police agency on September 10, 2010, proceeded one-lane between the three-lane in Gwangju Mine-gu.

In such cases, a person engaged in driving service has a duty of care to ensure a sufficient distance to avoid a collision with the vehicle in front and prevent accidents in advance when the vehicle in front stops.

Nevertheless, due to the negligence of driving in the vicinity of the vehicle, the victim C(W, 32 years old) who stops in front of the same vehicle due to the negligence of driving in the vicinity of the vehicle.

Ultimately, the defendant's occupational negligence caused the victim C to suffer approximately 10 days of catum c in need of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. Application of the statutes on the register of driver's licenses;

1. Relevant Articles 3 (1), 3 (2) (proviso) and 7 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, subparagraph 1 of Article 152 of the Road Traffic Act, and Article 43 of the Road Traffic Act concerning criminal facts, the selection of fines, respectively;

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;