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(영문) 서울남부지방법원 2013.04.26 2013고정612

교통사고처리특례법위반등

Text

A defendant shall be punished by a fine of 500,000 won.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

Defendant

A is a person who has driven a DCA110-wheeled vehicle owned by C of the cafeteria.

1. On October 1, 201, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents without obtaining a driver’s license and driving the said two-wheeled Vehicle at around 23:20 on October 1, 201, led to driving the said two-wheeled Vehicle to drive the road at about 30km each other across the speed of 221-dong, Yeongdeungpo-gu, Seoul

The accident point is a 7-lane straight line and a crosswalk installed in front of the friendly elementary school, and the driver of the vehicle is engaged in driving the vehicle with a duty of care to safely manipulate the steering direction and brake system of the vehicle and to ensure safety in the course by properly examining the evis-vis-vis, and to prevent the accident by driving the vehicle.

Nevertheless, without neglecting the defendant's negligence, the front part of the victim E (Nam, 40 years old) driver's 124cc driver's 124cc driver's non-wheeled vehicle driving under the new line between the two laness in the right side of the two-way driver's license and crossing the road.

Ultimately, the Defendant suffered injury to salt and tensions by occupational negligence on the part of the victim requiring approximately two weeks of medical treatment.

2. Violation of the Road Traffic Act (Free Driver’s License) without obtaining a driver’s license, the Defendant driven approximately KRW 200 meters on the front road of Yeongdeungpo-gu Seoul Metropolitan Government, Yeongdeungpo-gu, Seoul Metropolitan Government, at the front of the 221th bank.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and C;

1. Reports on traffic accidents (1, 2);

1. The driver's license ledger;

1. Application of Acts and subordinate statutes to E;

1. Article relevant to the facts constituting an offense and the selection of punishment;

(a) First point in its holding: Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Article 268 of the Criminal Act;

(b) Point of judgment No. 2: Subparagraph 2 of Article 154 and Article 43 of the Road Traffic Act;

2. Aggravation;