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(영문) 서울동부지방법원 2019.08.14 2019고단1999

교통사고처리특례법위반(치상)등

Text

Defendant shall be punished by a fine of KRW 10,000,000.

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

Reasons

Punishment of the crime

1. On May 12, 2019, the Defendant driving a motor vehicle without obtaining a driver’s license from the front of the emergency room of the C Hospital located in Gangdong-gu Seoul Metropolitan Government at around 23:05 on the same day from May 12, 2019.

2. The defendant is in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury).

On May 12, 2019, the Defendant driven the said car at around 23:05, while driving the said car from May 12, 2019, driving the front side road of Gangdong-gu Seoul Metropolitan Government Dental from the F cafeteria to the villa of the C Hospital, and turn to the left at the lower parking lot of the building.

At all times, the alley length of the side road is located at night, so that a person engaged in driving of a motor vehicle is prohibited from driving the motor vehicle without obtaining a driver's license, and he/she has a duty of care to accurately operate the steering system, brakes and other devices of the motor vehicle, to report the traffic situation well and to prevent the accident in advance by safely driving the motor vehicle.

Nevertheless, the Defendant neglected this and neglected the vehicle driver's license, neglected to find out the victim G who was under the right side of the Defendant's moving direction, and received the part of the victim's arms back to the right side of the Defendant's car.

As a result, the Defendant suffered from the Defendant’s negligence on the part of the lower court, such as the lower court’s failure to perform the duty of care for three weeks on the left-hand side.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. Reports on traffic accidents, and reports on the occurrence of traffic accidents;

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

1. Relevant legal provisions concerning criminal facts, Article 3(1), proviso of Article 3(2)7 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, and Article 268 of the Criminal Act.