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(영문) 부산지방법원 2018.07.11 2018고단1927
교통사고처리특례법위반(치상)등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

[criminal history] The defendant was sentenced to a suspended sentence of two years on February 8, 2017 for a crime of violating the Road Traffic Act at the Busan District Court on February 8, 2017, and the probation period becomes final and conclusive on February 16, 2017.

[Criminal facts]

1. On December 23, 2017, the Defendant: (a) driven a Dopoter truck from the section of approximately 1.5 km from the front of the branch office to the front of the C2/5km in the C/L, without a driver’s license (Revocation of the license, September 28, 2016) of a motor vehicle on December 13:47, 2017.

2. On December 23, 2017, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) driving the said cargo without obtaining a driver’s license on December 13, 2017, and driving the said cargo at a speed of about 40km in speed from Busan to Ulsan-do.

At the same time, there was a passenger car standing in order to ensure the signal atmosphere, so in such a case, there was a duty of care to reduce the speed to the person engaged in driving service, to properly see the right and the right and the right and the right and the right and the right and the right and the right and the right and to accurately manipulate the steering and the system of the vehicle to prevent the accident from occurring.

Nevertheless, the Defendant neglected to stop at the front of the driving direction and found at the latest that the F observer car driven by the victim E (73) was parked in order to maintain the signal atmosphere, thereby resulting in the Defendant’s failure to stop at the front of the driving direction. The Defendant received the part following the said car as the front part of the said cargo vehicle driven by the Defendant.

Ultimately, the Defendant suffered injury to the victim, such as salt, tension, etc. in need of approximately two weeks of medical treatment due to occupational negligence as above.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the police and suspect examination of the accused by the prosecution;

1. A survey report on actual conditions;

1. On-site photographs;

1. E statements;

1. The driver's license ledger;

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

1. Relevant Articles of the Act concerning the facts constituting the crime;

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