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(영문) 대구지방법원 서부지원 2014.07.03 2014고단585
교통사고처리특례법위반등
Text

Defendant shall be punished by imprisonment without prison labor for not less than four months and by a fine not exceeding 300,000 won.

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

Reasons

Punishment of the crime

1. Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents and the Road Traffic Act and the Defendant are those engaged in driving service of B 125cc large-scale occ.

At around 13:00 on April 5, 2014, the Defendant driven the above Oba, leading to a three-lane road in front of Daegu-do Tex, which is located in the window of the Gagwon of Daegu-si, Daegu-gu, pursuant to three-lanes from the rith to the rithm.

Since there is a place where a signal, etc. is installed, the driver of the Ortoba is obliged to observe the signal to the person who drives the Ortoba, to see the front door, to prevent the accident by safely operating the brake system in advance, and to prevent the accident by operating the brake in advance. However, the defendant neglected to do so and neglected to turn to the TTT from the right edge of the victim C(33 years old) driving on the left from the TTT to the TTT at the left edge of the stop signal, and received the front part of the driver's vehicle set forth by the defendant's Ortoba part.

As a result, the Defendant suffered injury to the victim, such as climatic salt, which requires treatment for about two weeks by occupational negligence as above, and at the same time damaged the front part of the victim’s vehicle to be repaired by KRW 1,262,653.

2. The Defendant violated the Road Traffic Act (unlicensed driving) without a motorcycle driver's license, driven the above lebane in the direction of about 7 km away from the place where the accident of the above paragraph (1) was occurred in the vicinity of the waterway located in the Daegu Suwon-dong, Daegu-gu, Incheon-do.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition of traffic accidents;

1. Registers of driver's licenses;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes to a written diagnosis and estimate;

1. Article 3(1) and the proviso of Article 3(2)7 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 151 of the Road Traffic Act, Article 154 subparagraph 2 of the Road Traffic Act and Article 43 of the Road Traffic Act concerning criminal facts.

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