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(영문) 춘천지방법원 강릉지원 2012.11.01 2012고정315
교통사고처리특례법위반등
Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

Around 19:45 on May 2, 2012, the Defendant, without a driver’s license, driven a vehicle of hived hurburst owned by the Defendant, and proceeded on the crosssection of poppy in front of the poppy in the Gangnam-si, Gangnam-si.

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 vehicle crossing by reducing the speed or temporarily suspending the vehicle.

Nevertheless, the victim D(32 years of age) driver's E-solider of the victim's D (32 years of age) driver's driving, who is directly under his/her care due to negligence, was shocked into the right side of the driver's vehicle.

Ultimately, the victim F(F, 32 years of age), and the victim G(1 years of age) who was on board the victim's vehicle with the victim suffered from the injury, such as catitis for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Traffic accident report (1) (2) and the register of driver's licenses;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Relevant provisions of Article 152 subparagraph 1 of the Road Traffic Act, Article 43 of the Road Traffic Act, Article 3 (1), the proviso to Article 3 (2) and Article 3 (7) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act concerning criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes ( mutually among the violations of the Act on Special Cases concerning the Settlement of Traffic Accidents);

1. Selection of each alternative fine for punishment;

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

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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