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(영문) 수원지방법원 성남지원 2018.07.24 2018고정490
교통사고처리특례법위반(치상)등
Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving CK5 cars.

A. On January 29, 2018, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) driven the said car without a driver’s license on January 12:15, 2018, and changed the course to one lane at the location of the accident, following three lanes in the direction of the passage from the head office of the Gu to the intersection of the city at the speed of about 35 km in the direction of the Gu office.

In such cases, when it is likely that a person engaged in driving service will impede normal traffic of other vehicles running in the direction of the change, he/she shall not change course, and he/she has a duty of care to prevent accidents in advance by safely changing the lane in the manner of the traffic situation.

Nevertheless, the Defendant neglected this and interfered with the course of the victim D(60 cc, n) driven by the speed of about 60 km depending on one lane in the same direction by the negligence of changing the course of the Defendant, thereby interfering with the course of the EM5 car driven by the Defendant, and collisioning the front right side of the vehicle driven by the victim due to even if even before the left side of the K5 passenger car driven by the Defendant.

As a result, the Defendant suffered injury to the victim due to the above occupational negligence, such as cerebral finites without an open room in the head requiring approximately two weeks medical treatment.

B. Defendant 1 driven the said K5 vehicle without a driver’s license from the street on which it is impossible to find out whether the time and time indicated in the above paragraph (a) are located in the Taeju-dong, Gwangju-si to the Gosisan-si, Masan-si, the same city.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of D;

1. A traffic accident investigation report and a traffic accident occurrence report;

1. The driver's license ledger;

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

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

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