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(영문) 광주지방법원 장흥지원 2017.09.07 2017고정21

교통사고처리특례법위반(치상)등

Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving CM vehicles.

On May 16, 2017, the Defendant driven the above vehicle without the driver's license of a motor vehicle, and led to the left turn to the right-hand turn from the direction of the sub-section in front of the Taeduk Village in the south Heung-gun, Yongsan-do.

At that time, there are three-distance crossings without signal lights, and there are vehicles with a duty of care to prevent accidents by driving safely by driving safely, such as driving a motor vehicle by driving the motor vehicle on the right side and the right side and the right side, etc.

Nevertheless, the Defendant, by negligence, neglected to yield the course to the vehicle in which he was in a direct position, caused the part of the victim's e-exploited vehicle in front of the above vehicle of the Defendant to shock the front part of the e-exploited vehicle in front of the victim's EXE driving, who is straight from the south side of the e-exploited road.

Ultimately, the Defendant suffered injury to the victim F, who was accompanied by the above occupational negligence, such as tear tear, etc. on the side and outside half of six weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to a survey report on actual condition, a driver's license ledger, and a medical certificate;

1. Relevant 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 Punishment, Article 268 of the Criminal Act, Article 152 Subparag. 1 and 43 of the Road Traffic Act, the selection of fines for each crime;

1. former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the Criminal Act (to the extent that punishment is added up by concurrent crimes with punishment prescribed for a crime of grave violation of the Act on Special Cases concerning the Settlement of Traffic Accidents, the number of concurrent crimes and the maximum amount of two crimes) of the aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The elements of sentencing following the reasons for sentencing of Article 334(1) of the Criminal Procedure Act, and the age and gender of the accused.