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(영문) 대전지방법원 서산지원 2016.10.27 2016고단553

교통사고처리특례법위반(치상)등

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1. The sentence against the accused shall be 4,000,000 won;

2. The defendant does not pay the above fine.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving of C gallon II cargo vehicles.

On July 13, 2016, the Defendant driven the above cargo without obtaining a driver's license on July 10, 2016, and led to the driving of the above cargo along the three-lane road at the speed of 271km at the upstream line of the coast Highway in the Sinjin-si, Chungcheongnam-si.

At the time, the Defendant, prior to the same direction, was followed by the victim D(64 years old) drive E rocketing car, and in such a case, there was a duty of care to ensure that a person engaged in driving of a motor vehicle is well aware of the situation, and that a person engaged in driving a motor vehicle has a duty of care to secure a safe distance to avoid when the said motor vehicle stops.

Nevertheless, the Defendant neglected to do so and found that rocketing car was driven in the vicinity of the vehicle due to the negligence of the vehicle driven in the vicinity of the situation, and was immediately driven, but the Defendant did not avoid the vehicle but did not receive the vehicle, and received the part concerning the back of the rocketing car due to the front part of the vehicle operated by the Defendant.

Ultimately, the Defendant suffered injury to the victim D and the victim F (the 65 years old, the 5 years old, and the victim G (the 55 years old, the 55 years old) who was on board the victim D and the rocketing car due to the above occupational negligence, respectively, for about two weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement on the occurrence of a D traffic accident;

1. The actual survey report and the accident site photograph;

1. The ledger of driver's licenses;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Relevant legal provisions concerning the crime: Article 3 (1), proviso of Article 3 (2) and Article 3 (7) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act: Article 152 subparagraph 1 and Article 43 of the Road Traffic Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each alternative fine for punishment;

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

1. Detention at a workhouse;