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(영문) 광주지방법원 장흥지원 2021.02.04 2021고단3
교통사고처리특례법위반(치상)등
Text

Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

A. Violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) is a person who is engaged in driving with an Esti wheels without a license plate.

On November 12, 2020, the Defendant driven the above vehicle at around 08:20 on November 12, 2020, and proceeded with the front road B in front of the South Heungung-gun, with the direction of the care center for equal health care.

At this point, a person engaged in driving with a bend road by one-lane of the central line has a duty of care to prevent accidents by accurately operating and safely operating the steering area and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right of operation.

Nevertheless, due to negligence of neglecting this and not accurately operating the steering direction and brakes, it has been left to the right side of the road, and it has become friendly.

Ultimately, the Defendant suffered injury to the victim C (the age of 87) who was on board the rear seat of the above vehicle due to the foregoing negligence, such as cerebral leinum, salinum salt, sallle, sallle, sallle, and salvine sale, etc. which require four weeks of medical treatment.

B. Violation of the Road Traffic Act (Non-licenseless Driving) Defendant 1 driven an EN-wheeled Roster without a motor device or bicycle driver’s license with approximately 1 km section from the front of his house located in Heung-gun, Nam-gun, Seoul, to the front of the same Gun, at the same time as the above paragraph A to the roads of the same Gun.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes to the de facto survey report and the ledger of driver's licenses;

1. Relevant Article 3(1) and the proviso to Article 3(2)7 of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment; Article 268 of the Criminal Act; Article 152 Subparag. 2 and 43 of the Road Traffic Act; and the selection of fines, respectively;

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

1. Detention in a workhouse (the sentence of suspension of execution shall be invalidated or revoked, and the defendant;

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