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(영문) 부산지방법원 2016.01.20 2015고단7061

교통사고처리특례법위반등

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Defendant shall be punished by a fine of KRW 2,000,000.

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 who is engaged in driving of a cargo vehicle B1 ton.

On April 28, 2015, the Defendant driven the above cargo without obtaining a driver's license of a motor vehicle on April 16:35, 2015, and led to a three-lane road in front of the Busan East-gu Master's Zone, Busan, to proceed as one-lane of the two-lane of the two-lane of the apartment room with a radius from the 3 police box of the hot spring.

At that time, there was a duty of care to safely drive a person engaged in driving service by checking well the right and the right of the front.

Nevertheless, the defendant neglected this and went beyond the left-hand bridge of the victim C (the age of 77) who was a pedestrian crossing the left-hand side of the defendant's proceeding without permission from the right-hand side of the defendant's proceeding.

As a result, the Defendant suffered damages from the victim’s negligence in the course of performing the above duties, not by the left-hand side in need of approximately six weeks of medical treatment.

2. On April 28, 2015, the Defendant was driving a B1 ton cargo vehicle without obtaining a driver’s license from around 500 meters from the dong-dong of Busan to the third-dong post office of the same hot spring from around 16:35 to around 500 meters.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of each police suspect against the accused;

1. Application of Acts and subordinate statutes to a traffic accident investigation report, traffic accident occurrence report, ledger of driver's license, accident scene photographs, medical certificate, and victim photograph;

1. Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents under the relevant provisions of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, and Article 152 subparag. 1 and 43 of the Road Traffic Act concerning criminal facts;

1. Selection fine of punishment (including the fact that there is a substantial negligence in the occurrence of a traffic accident even to a victim, and the fact that an agreement is reached smoothly by paying a reasonable amount to the victim);

1. The former part of Article 37 of the Criminal Code of Aggravation of Concurrent Crimes;