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(영문) 전주지방법원 군산지원 2013.08.08 2013고정426

교통사고처리특례법위반등

Text

Defendant shall be punished by a fine of KRW 1,200,00.

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

Reasons

Punishment of the crime

1. The Defendant in violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents is a driver of a vehicle B or another car.

On July 13, 2011, at around 08:30, the Defendant, without a driver's license, proceeded in one way in the direction of the next City in the direction of the next City in the hot springland, which is located in the next City in the following cities without a driver's license.

At the time, there is a vehicle that stops on the front side, so in such a case, a person engaged in driving service has a duty of care to safely drive by checking well the front side.

Nevertheless, the Defendant was negligent in neglecting the Jeonju City and received the back side of the damaged vehicle C in front of the same direction in front of the same direction.

The Defendant caused the victim D (age 26) who is a driver of the victimized vehicle due to the above occupational negligence to suffer injuries, such as salt pans, tensions, etc. in need of treatment for about two weeks.

2. The Defendant violated the Road Traffic Act (unlicensed Driving) at the time stated in paragraph (1) of this Article, from the Defendant’s house parking lot located in E on the Jeonju-si without a driver’s license to the lower end of 25 km in the amamban City.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements prepared in D;

1. The actual condition survey report;

1. Photographs;

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

1. Relevant legal provisions concerning criminal facts, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act that choose the penalty, Article 3 (1), the proviso to 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, and the choice of fines;

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

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.