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(영문) 대전지방법원 천안지원 2013.11.29 2013고정962

교통사고처리특례법위반등

Text

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

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

1. Around 19:00 on March 23, 2013, the Defendant driven a vehicle Category C without a vehicle driver’s license at a distance of about 100 meters from the front of the Hasan-si located in Asan-si B to the front of the new pharmacy located in the same Dong.

2. Violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents and the Road Traffic Act and the Defendant is engaged in driving a car in the SPP area.

The defendant, without obtaining a driver's license as above at the same time as in paragraph (1), was driving this car and led to the same speed as speed in the city of the Sinsan Library to the front of the new pharmacy located in the Sinsan City Hot Spring Complex.

In such cases, a driver of a motor vehicle has a duty of care to prevent accidents in advance by safely driving the motor vehicle by reporting the traffic situation on the front side.

Nevertheless, the defendant is proceeding without obtaining a driver's license, and the defendant is negligent in performing his/her duty of care.

In order to pass through the intersection from the front intersection, the part of the E-learning car driven by the victim D (hereinafter referred to as 34 years old) who is driving by the victim D (hereinafter referred to as the 34 years old) was predicted to be the front driver of the vehicle driving by the defendant.

As a result, the defendant suffered a salt of a trend that requires approximately two weeks of treatment by occupational negligence to the victim, and at the same time damaged the E-car owned by the victim to be in excess of KRW 626,688.

Summary of Evidence

1. Statement by the defendant in court;

1. Police suspect interrogation protocol regarding F;

1. Statement made to D by the police;

1. The actual condition survey report;

1. Written estimate;

1. A letter of entrustment;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Article 3(1), the proviso of Article 3(2)7 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 151 of the Road Traffic Act, Article 152 subparag. 1 of the Road Traffic Act concerning criminal facts.