beta
(영문) 대구지방법원 2020.05.20 2020고단517

교통사고처리특례법위반(치상)등

Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On April 30, 2019, the Defendant was sentenced to two years of imprisonment with prison labor for a period of six months for fraud in the Western Branch of the Daegu District Court on April 30, 2019, and the judgment becomes final and conclusive on May 8, 2019 and is currently under probation.

1. Around 09:30 on December 13, 2019, the Defendant was driving B cargo vehicles without obtaining a driver’s license in the section of about 5 km from the 5km away from the Do near the large four streets in Daegu-gu to the 74-lane of luminous apartment.

2. On December 13, 2019, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) driven the above cargo without obtaining a driver's license on December 13, 2019, and led the vehicle to go back to the inside-dong community service center from the 74 luminous apartment distance to the largest of Daegu-gu.

In such cases, the defendant engaged in driving of a motor vehicle shall accurately operate the steering system, brakes, and other devices of the motor vehicle, shall not drive the motor vehicle at such a speed or in such a manner as to inflict any danger and injury on others according to the traffic conditions of the road and the structure and performance of the motor vehicle, and has a duty of care to check the traffic situation in the future and safely prevent accidents in advance.

Nevertheless, the Defendant neglected to do so and neglected to do so and neglected to do so, and was faced with the front part of the driver’s seat of the victim C(Nam, 40 years old) driving car, which was waiting at the later bank, as well as the lower part of the Defendant’s cargo vehicle.

Ultimately, the Defendant caused the victim to suffer bodily injury, such as fluoral salt, which requires approximately two weeks of medical treatment by occupational negligence as above.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. Registers of driver's licenses;

1. Photographs of the accident site;

1. A medical certificate;

1. Previouss before judgment: Criminal history records, prosecutorial investigation reports, and statutes;