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(영문) 인천지방법원 2019.10.02 2019고단4936

교통사고처리특례법위반(치상)등

Text

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

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

Reasons

Punishment of the crime

At around 18:55 on June 14, 2019, the Defendant: (a) while driving DNA with the mandatory insurance in front of C Council members in Michuhol-gu Incheon Metropolitan City, without a driver’s license; (b) while driving DNA with the back part of the passenger car connected without a driver’s license for a motor vehicle, and changing the course to one lane without a driving distance from the front part of the passenger car to one lane depending on the two lanes, the Defendant caused the injury to the victim, such as the victim G (Seoul, 38 years old) who was in progress on the right right side of the E driver’s two-lane in front of the passenger car in front of the two-lane; and (c) while driving the car into the back part of the passenger car in front of the two-lane, the Defendant caused the injury to the victim, such as the two-lane therapy and the two-lane driver’s disease to the victim who was in need of the two-lane driver’s license for a two-lane therapy.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement of G and E;

1. The actual condition survey report;

1. The ledger of driver's licenses and mandatory insurance;

1. Each written diagnosis;

1. Application of each statute on photographs;

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act, Article 154 subparagraph 2 and Article 43 of the Road Traffic Act concerning criminal facts;

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

1. Selection of a selective fine for punishment (such as the fact that the defendant is older than 80 years old and supports the children suffering from liver cancer, etc. as the disabled, the fact that the fault of the booming vehicle cannot be attributable to the defendant only because the accident liability cannot be attributable to the defendant, the damage itself is minor, and the victims do not want both punishment);

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

1. Article 70 of the Criminal Act for the Detention of Labor House Head.