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(영문) 대구지방법원 안동지원 2018.09.11 2018고정30

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 also a person who is engaged in driving a cargo vehicle.

On November 26, 2017, the Defendant driving the said cargo without obtaining a driver's license of a motor vehicle on November 26, 2017, and proceeded with the national highways No. 34, which are in the 34th Do-dong Do-dong Do-dong Do-dong Do-dong Do-dong Do-dong.

Since there was a section of the road, there was a duty of care to safely drive the steering staff by reducing speed and accurately operating the steering and brakes.

Nevertheless, the Defendant neglected this and failed to accurately operate the steering direction and brakes on the road along which the above vehicles are parked, and turned down on the left side of the road and cut down on the right side of the vehicle below the left side of the road.

Defendant 1 suffered injury to the victim D (Woo, 73 years old) who was on board the said vehicle due to the above occupational negligence, such as “scarfing a scarfly with unknown scarfs” in need of approximately six weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the occurrence of a traffic accident, a survey report on actual condition, and the driver's license ledger;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents under the relevant Act concerning criminal facts, Article 268 of the Criminal Act, Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (Selection of Each fine);

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. The reasoning for sentencing under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order is as follows: (a) considering the fact that the Defendant had been punished several times for traffic-related crimes even before being committed; (b) the developments leading up to driving of the instant Non-Exclusive License; (c) the degree of negligence; (d) the degree of injury of the victim; and (e) the fact that