beta
(영문) 수원지방법원 평택지원 2017.09.13 2017고정230

교통사고처리특례법위반(치상)등

Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a low-priced vehicle B.

On December 17, 2016, the Defendant driven the said vehicle without obtaining a driver's license of the said vehicle, and was forced to go straight from the front side of the 4-dong 18-dong at Pyeongtaek-si located in the village of Pyeongtaek-si to the intersection of the private distance in front of the 18-dong at an elementary school to the boundary of the branch.

At this point, since there is no signal signal, there was a duty of care to prevent accidents in advance by driving a person engaged in driving a motor vehicle.

Nevertheless, the Defendant neglected to do so and went in as it is, due to the negligence of the Defendant, brought the victim C (33 ) who was going to cross-section from the ethal surface of the electric Ireland to the 1stal surface of the electric iron, and entered the intersection, and shocked the front part of the Defendant’s vehicle into the front part.

Ultimately, the Defendant suffered injury to the victim, such as a crupt spath, which requires treatment for about 10 days, due to the above occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Motor vehicle accident report and motor vehicle driver's license ledger;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Relevant Article 3(1) and the proviso to Article 3(2)7 of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Punishment, Article 268 of the Criminal Act, Article 152 Subparag. 1 and 43 of the Road Traffic Act, the selection of fines for each crime;

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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