(영문) 의정부지방법원 2018.02.23 2017고단5137

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(영문) 의정부지방법원 2018.02.23 2017고단5137

교통사고처리특례법위반(치상)등

Text

Defendant shall be punished by a fine of KRW 5,000,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

1. The defendant is a person who is engaged in driving a Brane car in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents.

On September 14:30, 2017, the Defendant driven the said car without a driver's license, and proceeded with the “D” in front of the “D” located at the time of the Council Government C along the road with the opening distance from the front section of the Government’s station, and came to turn to the left.

In this case, there was a duty of care to prevent accidents in advance by checking whether there is a pedestrian in the direction to reduce speed and to turn left and right of the driver of the vehicle.

Nevertheless, the victim E (the 66 years old) was placed at the left-hand turn of the vehicle operated by the defendant as the front driver of the vehicle operated by the defendant while neglecting this and driving the vehicle at the left-hand turn.

Ultimately, the Defendant suffered injury to the above victim, such as a 12-day therapy, which requires approximately 12 weeks of treatment, due to such occupational negligence.

2. Defendant 1 driving a chip car without obtaining a driver’s license from a section of about 1 k meters in front of the Gu’s government station, which is in the peace of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the Gu.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. A written statement of the occurrence of E traffic accidents;

1. A traffic accident report;

1. A report on the occurrence of a traffic accident;

1. All on-site photographs;

1. A medical certificate;

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

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 152(1) and Article 43 of the Road Traffic Act concerning criminal facts (a non-licensed driving).

참조조문

-교통사고처리 특례법

-교통사고처리 특례법 제3조 제1항

-형법 제268조

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