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(영문) 인천지방법원 2018.11.29 2018고단7229

교통사고처리특례법위반(치상)등

Text

Defendant shall be punished by a fine of KRW 8,000,000.

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

Reasons

Punishment of the crime

[Criminal Records] The Defendant was sentenced to imprisonment for eight months for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Seoul Central District Court on September 22, 2017 and was sentenced to two years for a suspended sentence on the 30th of the same month and the probation period becomes final and conclusive.

[Criminal facts]

1. The Defendant is a person who is engaged in driving service of a car at the No. B.D. in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents.

On July 21, 2018, the Defendant driven the said car without obtaining a driver's license from around 17:20 on July 21, 2018, and continued to drive the said car from the surface of the shooting distance of the hospital located in the Nam-gu Incheon Metropolitan City, Seoul to the shooting distance of the hospital located in the hospital.

In this case, a person engaged in driving service has a duty of care to prevent accidents by accurately manipulating the steering side and the steering system and by accurately manipulating the steering side and the steering system.

Nevertheless, the Defendant was negligent in driving a stroke while driving a stroke, and the victim E (the 51-year-old driver) was parked in the front part of the said stroke drive.

Ultimately, the Defendant suffered injury to the victim, such as salt, tensions, etc., which requires approximately two weeks of medical treatment by occupational negligence as above.

2. The Defendant violated the Road Traffic Act (unlicensed Driving) driving a BN car without obtaining a driver’s license at the date and place specified in paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A medical certificate and a driver's license ledger;

1. Previous conviction: Application of Acts and subordinate statutes of inquiry about criminal history;

1. 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 relevant Act concerning criminal facts, Article 268 of the Criminal Act, Article 152 Subparag. 1 and 43 of the Road Traffic Act concerning the selection of fines, and the selection of fines;

1. Article 37 (former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Code of Aggravation of Concurrent Crimes.