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(영문) 광주지방법원 2015.10.08 2015고단2897
교통사고처리특례법위반
Text

[Defendant A] The defendant shall be punished by a fine of KRW 4,000,000.

If the defendant does not pay the above fine, 100.

Reasons

Punishment of the crime

1. Defendant A is a person engaged in driving of C25 tons of truck truck trucks trucks.

On June 16, 2015, the Defendant driven the said car on June 13:27, 2015, and driven the said car at a speed of about 50km/h of speed from the border of the jug-gun to the sloping-gun, the speed of the road in front of an agro-industrial complex, which is one-lane in the fluence of the tri-Gun, in the direction of the tri-Gun.

Since there is a place where the center line of yellow-ray is installed, there was a duty of care to safely operate the vehicle to prevent accidents in advance by safely operating the vehicle.

Nevertheless, the Defendant neglected to do so and brought the part of the DKan car driving by the injured party B (the age of 53) who was driving at the center line due to the negligence of the injured party B (the age of 53) into the left-hand side of the DKan car.

Ultimately, the Defendant caused the victim to suffer injury, such as the influence of the inside part of the side in need of medical treatment for about six weeks due to the above occupational negligence.

2. At around June 16, 2015, Defendant B driven a D Kanman car without obtaining a driver’s license from around 2 km section from the front of the Gu Myeon Office located in the Gu Myeongdong-gun, Chungcheongnam-gun, Chungcheongnam-do, Samsung-gun, Seoul, to the front road of an agro-industrial complex located in the same side.

Summary of Evidence

1. Defendants’ respective legal statements

1. The actual condition survey report;

1. A medical certificate;

1. Application of the statutes on the register of driver's licenses;

1. Article relevant to the facts constituting an offense and the selection of punishment;

(a) Defendant A: Article 3 (1), the proviso to (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents, and Article 268 of the Criminal Act;

(b) Defendant B: Subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act (Selection of Fine);

1. Defendants of detention in the workhouse: The reason for sentencing of Articles 70(1) and 69(2) of the Criminal Act [Defendant A] is disadvantageous to the victim, or the victim does not want to be punished.

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