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(영문) 서울북부지방법원 2015.05.15 2015고정831

교통사고처리특례법위반등

Text

Defendant shall be punished by a fine of two million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

The Defendant, without obtaining a driver's license, driven his B M&A car.

1. Around 18:50 on September 28, 2012, the Defendant driven the said vehicle on the street in front of the Changdong, Dobong-gu Seoul, Seoul, and parked the said vehicle on three-lanes in the direction of Jungcheon-gu, Jungcheon-gu, Seoul.

Every driver shall install a traffic assistant and drive the vehicle in compliance with his/her direction, and shall not drive the vehicle when it is likely to obstruct the normal traffic of other pedestrians and vehicles.

Nevertheless, due to the negligence that the Defendant neglected this, the Defendant contacted the victim C (29 years old and female) who was waiting at the edge of the road where he was about to board a call taxi after the Defendant’s vehicle with the rear part of the Defendant vehicle.

As a result, the Defendant suffered from an injury to the pertinent victim due to the occupational negligence, which requires approximately two weeks of medical treatment.

2. Around 18:49 on September 28, 2012, the Defendant was driving on the street in front of the Marart as one of the materials located in Dobong-gu Seoul, Dobong-gu, Seoul, at around 19:05 on the same day from the street, to the front of the Newho-dong, Gangnam-gu, Seoul, Gangnam-gu, Seoul, with approximately 4km from the 4km section without a license.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A traffic accident report;

1. A medical certificate;

1. Application of the statutes on the register of driver's licenses;

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) and the proviso of Article 3 (2) 7 of the Act on Special Cases concerning the Settlement of Traffic Accidents According to 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, and the selection of fines;

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;