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(영문) 제주지방법원 2015.07.24 2015고정290

교통사고처리특례법위반등

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

The defendant is the driver of the cargo vehicle E.

The Defendant, prior to an accident, tried to pass a bicycle procession, such as the victim F (Name and 19 years old), who was going along the same lane in the two lanes in the way of the Slurido, from the westdo intersection of the Gu-Eup at the time of the accident, was changed to the one way to pass a bicycle procession.

At around 16:50 on January 20, 2015, the defendant, without obtaining a driver's license, drive the above cargo vehicle, and at the 3-distance two-lanes at the entrance of the surface water zone in the Gu-Eup at the Jeju-si at the Jeju-si, when he intends to change the course to the right side, he shall go to the right side in advance, and when he intends to change the course to the right side, he shall go to the right side in advance, and when he neglected his duty of care to safely drive the vehicle, such as taking into account the surrounding circumstances, operating the direction to the right side, etc., even though he neglected his duty of care to safely drive the vehicle, due to negligence in the course of his duty of care, when two-lanes are passed

In addition, the victim's left part of the victim who was getting on a bicycle was shocked to the right side of the vehicle, and the victim was faced to the right side of the vehicle, and the victim went to the right side. Accordingly, the victim was damaged to cover the repair cost of KRW 4,270,000 for the victim's bicycle operation.

Summary of Evidence

1. Statement by the defendant in court;

1. The statement of each police officer made to F and G;

1. The actual condition survey report;

1. A medical certificate;

1. Application of the written estimate statutes;

1. Relevant Article of the Act on Special Cases concerning the Settlement of Traffic Accidents and the Selection of Punishment: 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, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act, the selection of fines;

1. Aggravation of concurrent crimes: former part of Article 37, Article 38 (1) and (2), and Article 50 of the Criminal Act (within the scope of adding up the long-term punishments of two crimes);

1. Detention at a workhouse: Articles 70(1) and 69 of the Criminal Act;