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(영문) 인천지방법원 부천지원 2015.01.09 2014고정1156
교통사고처리특례법위반등
Text

Defendant shall be punished by a fine of KRW 6,000,000.

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

Reasons

Punishment of the crime

The defendant is a person who drives a vehicle B with low bid.

On August 18, 2012, the defendant operated the above vehicle without a driver's license on 08:10 on 08:0 on 10, 2012, and led to the driving of one lane (on the front side ticket) between the three-lane two lanes in the middle of the Central Park, as in the south of the city.

Since there is a place where traffic is not controlled, a person engaged in driving service has a duty of care to check whether there is a cross-road vehicle by reducing speed or temporarily suspending the vehicle.

Nevertheless, due to the negligence of neglecting this, the full part of the left part of the Estststy vehicle driven by the victim D (year 41, n) who was going to turn to the left at the seat of the central park at the seat of the department store was shocked with the front part on the right side of the said vehicle.

In such occupational negligence, the Defendant damaged the property equivalent to KRW 6,356,366, which requires the exchange of damaged vehicles, and the Defendant suffered injury to the victim 1) the f (1) the victim 2) the victim f (the victim 14 years old, the victim 2) the victim f (the victim 2) the victim f (the victim 14 years old, the remaining), who is in need of one week medical treatment.

Summary of Evidence

1. A protocol concerning the police interrogation of the accused;

1. Statement of D police statement;

1. Application of the actual condition survey report, photographs, driver's license register, each medical certificate, and written estimate-related Acts and subordinate statutes;

1. Article 3 (1), the proviso of Article 3 (2) and Article 3 (7) of the Act on Special Cases concerning the Handling of Traffic Accidents, the Selection of Punishment for Crimes, Article 268 of the Criminal Act, Article 151 of the Road Traffic Act, Article 152 subparagraph 1, and Article 43 of the Road Traffic Act, the selection of fines;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The Criminal Procedure Act;

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