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(영문) 창원지방법원 2021.02.09 2020고단3654
교통사고처리특례법위반(치상)등
Text

A fine of three million won shall be imposed on a defendant.

Where the defendant fails to pay the above fine, one million won shall be the one day.

Reasons

Punishment of the crime

1. Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) is a person engaging in driving a B-learning passenger car.

On August 20, 2020, the Defendant driven the said car without obtaining a driver's license from around 08:20 on August 20, 202, and proceeded to the 1 East Administrative Welfare Center, which is the head from the right side of the opposite TG at the time of Kimhae-si.

In such cases, a person engaged in driving service has a duty of care to safely drive the brakes, such as keeping the safety distance from the front and rear, and accurately operating the brakes.

Nevertheless, when the Defendant was negligent and negligent in proceeding with the Defendant’s failure to stop, the Defendant got a driver to drive the D B B-L car in front of the direction of the passage of the Defendant, which was driven by the victim C (the age of 64).

Ultimately, the Defendant suffered injury to the victim, such as salt, tensions, etc. in need of approximately three weeks of medical treatment due to occupational negligence as above.

2. Defendant 1 driving a B-learning car without obtaining a driver’s license in a section of about 11 km from the front of the apartment apartment to the front of the apartment site, which is the place of accident as referred to in the above paragraph (1), in the city of the city of the city of the city of the city of the above “paragraph (1)”, which is the place of accident as referred to in the above paragraph (1).

Summary of Evidence

1. Application of Acts and subordinate statutes to report the occurrence of traffic accidents by the victim’s legal statement, police statement protocol, investigation report, actual condition investigation report, photographs, driver’s license register, disqualified inquiry, and diagnosis report by the defendant;

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

1. Selection of each alternative fine for punishment (which reflects errors and the payment of responsible insurance proceeds, the scale of accidents, etc.);

1. Article 37 of the Aggravation of Concurrent Crimes Act.

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