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(영문) 대구지방법원 2017.04.20 2017고단454

교통사고처리특례법위반(치상)등

Text

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

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

Reasons

Punishment of the crime

[criminal history] On December 15, 2016, the Defendant was sentenced to six months of imprisonment and two years of suspended execution due to a violation of road traffic law at the Daegu District Court on December 15, 2016, and the said judgment became final and conclusive on December 23, 2016.

[Criminal facts]

1. The Defendant violates the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) is a person who is engaged in driving a rocketing car.

On December 7, 2016, the Defendant driven the said car without obtaining a driver's license on December 7, 2016, and led the front road of Daegu Jung-gu to drive the said car from the cK club to the cK club.

In such cases, the driver has a duty of care to prevent accidents in advance by safely driving the former, rear, and left and right.

Nevertheless, the part of the victim E (the age of 20) who was sitting on the above road as the front right wheel part of the Defendant's driver's operation is divided into the front right wheel part of the other car.

As a result, the Defendant suffered from the Defendant’s negligence in the course of performing the above duties that requires approximately two weeks of treatment.

2. On December 7, 2016, the Defendant violated the Road Traffic Act (unlicensed driving) driving the said rocketing car without obtaining a driver’s license from the fourth-distance front of the street, which is located in Dong-gu, Daegu-gu, Daegu-gu, to the front road of the same Gu.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. The driver's license ledger;

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

1. Subparagraph 1 of Article 152 of the Road Traffic Act and Article 43 (U.S. Driving without License) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 3 (1) and the proviso to Article 3 (2) 7 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act concerning facts constituting an offense;

1. Selection of an alternative fine for punishment;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

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

1. Attraction of a workhouse;