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(영문) 서울북부지방법원 2014.12.16 2014고정2602
교통사고처리특례법위반등
Text

Defendant shall be punished by a fine of KRW 2,500,000.

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

Reasons

Punishment of the crime

1. Around 16:50 on August 4, 2014, the Defendant driving a motor vehicle B without a vehicle driver’s license for approximately 5 km from the front of the “Swikkset Service in Chang-dong, Dongdaemun-gu, Seoul, Seoul to the front road of the 399-1 front road.

2. The Defendant in violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents is a person who is engaged in driving a motor device vehicle B 124CCVS125.

On August 4, 2014, at around 16:50, the Defendant driven the motor vehicle without a driver’s license, as set forth in the above paragraph 1, and proceeded along one lane from the intersection to the cropo-distance from the intersection of Jung-gu Seoul, Jung-gu, Seoul.

In such a case, although a person engaged in driving of a motor vehicle has a duty of care to live well on the front side and the left side, and to accurately operate the steering and steering gear, the defendant was negligent in neglecting this, and the defendant was negligent in driving on the right side of the motor vehicle standing in the front side, and the defendant was led to the victim C (78 years old) who was towing the handle at the right side of the defendant's driving direction, leading the handle from the left side of the motor vehicle driving by the defendant's driving engine to the right side of the motor vehicle.

The Defendant, by negligence in the above occupational negligence, suffered from the victim’s injury, such as damage to the high pressure trag which requires treatment for five weeks, and damage to the victim’s loss.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement on the occurrence of a traffic accident under DNA preparation;

1. A traffic accident report;

1. A medical certificate;

1. Registers of driver's licenses;

1. Application of Acts and subordinate statutes on accident site photographs;

1. Relevant legal provisions concerning criminal facts, and Articles 154 subparagraph 2 and 43 of the Road Traffic Act (the driver's license for a motorcycleless driver), Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, and the choice of fines, respectively;

1. Article 37 of the Criminal Code among concurrent crimes.

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