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(영문) 울산지방법원 2020.06.12 2020고단284

교통사고처리특례법위반(치상)등

Text

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

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

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).

At around 17:30 on November 19, 2019, the Defendant continued the national highways No. 35 on Yansan-si, Seosan-si, Ulsan-si to Busan-do.

In such cases, a person engaged in driving motor vehicles shall maintain the safety distance with other motor vehicles by accurately operating the steering system, brakes, and other devices of the motor vehicle, and safely drive the motor vehicle according to the traffic conditions of the road and the structure and performance of the motor vehicle.

Nevertheless, the Defendant neglected the vehicle without the driver's license and stopped the vehicle at the front of the Defendant's driving direction by the negligence of the Defendant's driving without the driver's license, and caused the victim D(W, 67 years old) who stopped the vehicle at the front of the Defendant's driving direction by the driver's license, and led the victim D(W, 67 years old) who stopped the vehicle at the front of the Defendant's driving.

As a result, the defendant suffered injury to the victims, such as catitis and tensions, which require approximately two weeks of medical treatment due to such occupational negligence.

2. Around November 17, 2019, the Defendant violated the Road Traffic Act (unlicensed driving) driving at a section of about 5 km from the Ma to the front road of the Masan-si, Yangsan-si, Yangsan-si, without a driver’s license, and driving B Poter freight at a section of about 5 km from the Masan-si to the Masan-si.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the occurrence of a traffic accident, the actual condition survey report, and on-site photographs;

1. The driver's license ledger;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Relevant provisions of the Act on Special Cases concerning the Settlement of Traffic Accidents and the Selection of Punishment for Crimes, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act;

1. Each of Articles 40 and 50 of the Criminal Code of Trade and Trade.