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(영문) 청주지방법원 2013.05.23 2013고정308

교통사고처리특례법위반등

Text

Defendant shall be punished by a fine of KRW 700,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The defendant is a person who drives a ALT-300 (one-day private car) owned by the defendant.

1. On February 14, 2013, the Road Traffic Act and the Road Traffic Act (Non-licensed Driving) violated on or around 14:10 on February 28, 2013, driving the above shooting vehicle, without obtaining a driver's license, led to the driving of the above shooting vehicle in front of the annual council members located in the Dong-ri, Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do toward the direction of the head of the same Eup/Myeon in the direction of the visible distance

Since there is a crosswalk, in this case, there was a duty of care to check whether a person engaged in driving service is a person who gets involved in driving service to reduce the speed and to see the right and the right and the right and the right, and to safely drive the road.

Nevertheless, there is negligence of neglecting this and proceeding as it is.

By this negligence, the victim C (56 years of age) who crosses the right from the left side of the crosswalk as the front right side of the above shooting vehicle.

The Defendant suffered an injury that requires approximately four weeks of medical treatment due to such occupational negligence.

2. On February 28, 2013, around 14:10 on violation of the Guarantee of Automobile Accident Compensation Act, the said private car that was not covered by mandatory insurance was operated in front of the Do Council members located in the Dong-ri, Do-Eup, Mansan-gun, Chungcheongnam-do.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. Photographs related to traffic accidents;

1. A written diagnosis of victims;

1. Registers of driver's licenses;

1. Application of Acts and subordinate statutes on mandatory insurance;

1. Article 3 (1), the proviso of Article 3 (2) and Article 3 (2) 6 and 7 of the Act on Special Cases concerning Settlement of Traffic Accidents According to the relevant Act concerning the facts constituting an offense, Article 268 of the Criminal Act, Article 152 subparagraph 1 and Article 43 of the Road Traffic Act, Article 46 (2) 2 of the Guarantee of Automobile Accident Compensation Act;

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;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act, which is the only property of the defendant.