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(영문) 대구지방법원 2015.08.28 2015고정1497
교통사고처리특례법위반등
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a B knife vehicle.

1. On February 4, 2015, at around 11:00, the Defendant driven the said van without a car driver’s license, and led the three main apartment in front of the three main apartment, which is managed by the Pacific-si, Pacific-si, Pacific-gun, Pacific-gun, to the Round of the Linastro.

In such cases, a person engaged in driving service has a duty of care to take into account the front, rear and left well at all times and to accurately manipulate the steering gear and brakes so as to prevent accidents.

Nevertheless, the part of the bicycle front wheels of the victim C(59 years old) who was driving by the defendant was negligent in neglecting this and driving by negligence, and the bicycle front wheels part of the victim C(59 years old) who was driving by the defendant was driving at the rear side of the above passenger vehicle.

Ultimately, the Defendant suffered injury to the victim, such as the 5th left-hand cage cage, which requires approximately four weeks of medical treatment due to the above occupational negligence.

2. The Defendant, like in the preceding paragraph, driven the said van without obtaining a driver’s license on a section of about 800 meters from the front corner of the Cultural Welfare Center in the management of the Pacific-gu, Doldong-gu, Doldong-gu.

Summary of Evidence

1. Defendant's legal statement;

1. A written diagnosis for C;

1. Registers of driver's licenses;

1. Application of Acts and subordinate statutes to reports on the occurrence of traffic accidents, actual survey reports, and photographs of each accident site;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents by the Selection of Punishment, Article 268 of the Criminal Act, subparagraphs 1 and 43 of Article 152 of the Road Traffic Act, and the selection of fines, respectively;

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

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