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(영문) 서울남부지방법원 2017.06.29 2017고단1651

교통사고처리특례법위반(치상)등

Text

Defendant shall be punished by a fine of KRW 5,000,000.

Where a defendant fails to pay a fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

[criminal history] The Defendant was sentenced to a suspended sentence of two years on December 22, 2016 by the Incheon District Court on December 14, 2016 for a violation of the Road Traffic Act (unlicensed Driving), etc., and is still under the grace period, after being sentenced to a suspended sentence of two years.

[Criminal facts]

1. Around 02:40 on March 1, 2017, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) driving a front road in Guro-gu Seoul Metropolitan Government DPoter vehicle without a driver’s license, driving the front road along the two-lanes of the two-lane way from the area of the high school, which is located at the center of the central church in the world of the high school and driving the road along the two-lanes of the two-lanes.

In such cases, a person engaged in driving of a motor vehicle has a duty of care to give an advance notice of change of course by operating direction, etc., and to change course by properly examining the situation of transition and right-hand traffic.

Nevertheless, the Defendant neglected this and got the front part of the F-si's right side of the F-si driving of the victim E (55 Do) who was proceeding one lane in the same room due to the negligence of changing the course into one lane as it is.

Ultimately, the Defendant suffered injury such as finite finites, etc., where the number of days of treatment cannot be known to the victim due to such occupational negligence.

2. On March 1, 2017, the Defendant violated the Road Traffic Act (unlicensed driving) driving a DNA Poter vehicle from the front of G to the front of C in Guro-gu, Seoul at approximately 6km from the front of G to the front of C in Guro-gu, Seoul, without a driver’s license.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of the occurrence of E traffic accidents;

1. Beds and beds, investigation reports (related to treatment of victims), and investigation reports (to hear and report on telephone statements, such as ascertaining the details of treatment of victims);

1. The register of teas and driver's licenses;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (Attachment to the previous and written judgment, etc.);

1. Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and the proviso to Article 3(2) of the Act on Special Cases concerning the Settlement of Traffic Accidents concerning criminal facts