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(영문) 서울북부지방법원 2019.05.17 2019고정309
교통사고처리특례법위반(치상)등
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

1. Around October 16, 2018, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) driven the Grand Star Co., Ltd. owned by B while carrying Class II ordinary drivers’ licenses on October 17, 2018, and driven the 413 friendly intersection from the Dobong-ro of Dobong-gu Seoul Metropolitan Government to the 3rd intersection.

In the above place, a person engaged in driving service with signal apparatus shall drive a vehicle that can be driven according to the scope of driver's license, and has a duty of care to observe signals and drive safely in accordance with signals.

Nevertheless, the Defendant neglected to obtain a driver’s license without a Class I driver’s license, and used 12 passengers on board and passed a stop line to the intersection through the yellow signal, and obstructed access to the intersection. In the course of business negligence, the Defendant contacted the front wheels of the victim E (65 years old) driving with the front wheels of the Non-Party E (65 years old) driving by entering the intersection in accordance with green signal from the flood flood station to the two-way basin.

As a result, the Defendant suffered from the victim’s negligence in the course of performing such occupational duties the “influences, sorts, and salt ties,” which requires approximately two weeks of medical treatment.

2. A person who intends to operate a bus with not more than 15 passengers on board shall possess a Class-I ordinary driver's license, but the defendant has driven a Grandroth vehicle with not more than 12 passengers on board while possessing only a Class-II ordinary driver's license for not more than 10 passengers on board at the time and place specified in paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. Statement of traffic accident occurrence situation in preparation E;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation: 1, 2;

1. Registers of driver's licenses;

1. Inquiry into the enemy;

1. A medical certificate;

1. Application of the Acts and subordinate statutes governing site photographs.

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