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(영문) 제주지방법원 2020.03.26 2020고단155

교통사고처리특례법위반(치상)등

Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

1. The defendant is in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury).

On November 20, 2019, the Defendant driving the above cargo vehicle around 16:20, and driving it at Jeju City, and driving the front road from the Jinnam-ro 6-lane to the Empt gate.

At the time, the Defendant was in the state of revocation of the driver’s license, so it is prohibited from driving, and since there is a house side, there was a duty of care to prevent accidents by safely driving the vehicle while checking whether a person engaged in driving service is a person who lives well well and is on the road.

Nevertheless, the defendant neglected to drive without obtaining a driver's license and caused the body of the victim F (five years of age) who was in a fright-hand road due to negligence when he did not live well, to use it on the road by shocking the left-hand part of the said cargo vehicle.

Ultimately, the Defendant suffered two weeks of medical treatment due to the above occupational negligence by the victim.

2. The Defendant violated the Road Traffic Act (unlicensed Driving) without obtaining the vehicle driving license at the time and place specified in paragraph (1) of the same Article, and driving the B-wing truck from D’s public parking lot to D up to about 80 meters.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the person involved in the traffic accident in G preparation;

1. Application of Acts and subordinate statutes to the report on the occurrence of traffic accidents, site photographs, actual condition survey reports, the ledger of driver's licenses, the general medical certificate, and the investigation report (CCTV accident video attachment);

1. Article 3 (1) and Article 3 (2) (proviso)7 of the Act on Special Cases concerning the Settlement of Traffic Accidents and Special Cases concerning the Selection of Punishment, Article 268 of the Criminal Act, Article 152 subparagraph 1 of the Road Traffic Act, Article 152 and Article 43 of the Road Traffic Act, the selection of fines;

1. Of concurrent crimes, the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act shall apply to concurrent crimes;