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(영문) 광주지방법원 2015.07.02 2015고단1335

교통사고처리특례법위반등

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1. Defendant shall be punished by a fine of KRW 7,000,000;

2. Where the defendant does not pay the above fine. < Amended by Presidential Decree No. 16093, Jan. 1,

Reasons

Punishment of the crime

1. The Defendant in violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents is a person engaging in driving a rocketing car.

On March 30, 2015, the Defendant driven the said car without obtaining a driver's license on March 30, 2015, and passed the 2nd cycle road in the Dong-dong of Gwangju-gu through the 2amambiIC room.

After the passage of the defendant at the time, the victim D (the age of 32) stopped in order to pay a traffic fee, so in such a case, the driver was obliged to pay a duty of care to safely drive the vehicle by checking the rear side well.

Nevertheless, the Defendant neglected this and received the front part of the car driven by the victim due to the negligence of the Defendant’s vehicle driven by the Defendant, following the vehicle driven by the Defendant.

Ultimately, the Defendant suffered injury to the victim by negligence in the course of performing the above duties, which requires approximately two weeks of treatment.

2. The Defendant violated the Road Traffic Act (free license) driving of the said vehicle without obtaining a driver’s license at the time and place specified in paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Application of the Act and subordinate statutes to the ledger of actual condition survey reports, on-site photographs of traffic accidents, diagnostic certificates, and driver's license;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) and proviso of Article 3 (2) and (7) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act, subparagraph 1 of Article 152 of the Road Traffic Act, Articles 152 and 43 of the Road Traffic Act, and selection 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 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order has the power to punish the defendant as a crime of violating the Road Traffic Act in 2006 and 2007.