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(영문) 광주지방법원 해남지원 2013.07.03 2013고단102
교통사고처리특례법위반
Text

Defendant

A shall be punished by a fine of 4,00,000 won and by imprisonment of 6 months for each of the defendants B.

Defendant

A The above fine shall be imposed.

Reasons

Punishment of the crime

1. Defendant A is a person who is engaged in driving a car in C SP area.

On March 20, 2013, the Defendant driven the said car at around 15:10 on March 20, 2013, and continued the front road at the oil station located in the same Ri, with the front road, regardless of whether it became a city in the west-do Eup/Myeon-do.

Since the place is where the center line of yellow solid lines is installed, a person engaged in driving service has a duty of care to thoroughly operate the front line and to safely operate the car line.

Nevertheless, the Defendant neglected this and received the front portion of the victim B(the age of 41) driving D Hado Police Station that was driven by the Defendant in the direction of the Ododo Police Station from the fault of driving the central line by the negligence.

The Defendant, due to the above occupational negligence, suffered injury to the victim E (the 42-year old-age-old victim) who was driven by the Defendant, for approximately 12 weeks of medical treatment, such as chrofebrate in chrofe in need of hospital treatment for about 4 days, respectively.

2. At around 15:10 on March 20, 2013, Defendant B driven D Poter truck without a driver’s license from around the road located in the same Ri in front of the Cheong Sea Elementary School located in the 6000 west-do, Chungcheongnam-do, Chungcheongnam-do, Seoul, to the front road, or to the front road.

Summary of Evidence

1. Defendants’ respective legal statements

1. The register of driver's licenses;

1. A medical certificate (E), a medical certificate (B);

1. Application of Acts and subordinate statutes governing accident site photographs;

1. A of the relevant criminal facts: Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act;

1. Defendant A of ordinary concurrent crimes: Articles 40 and 50 of the Criminal Act (Punishments imposed on the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents against Victims E with severe concurrent crimes);

1. Punishment;

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