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(영문) 수원지방법원 성남지원 2016.06.02 2016고정428
교통사고처리특례법위반등
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Defendant shall be punished by a fine of three million won.

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a K5-car.

On August 30, 2015, the Defendant, without obtaining a driver's license, driven the said car on or around 12:30 on August 30, 2015, led to a four-lane road in the area of Sungnam-gu Seoul Metropolitan City along the four-lane road from the area of tolerance to the area of outflow.

At the time, the Defendant is driving in the same direction as the rear side of the E-A-Wn-Wn-Wn-Wn-Wn-Wn-Wn-Wn-Wn-Wn-Wn-Wn-Wn, the Defendant has a duty of care to ensure safety distance for the Defendant who is engaged in driving a vehicle, to take into account the operation and stop of the preceding vehicle, to accurately operate the operation and steering system of the preceding vehicle, to prevent accidents

Nevertheless, the Defendant neglected to do so, while driving the vehicle due to the body of the vehicle in front of mail by negligence, and brought the part of the vehicle in front of Y5 which the Defendant driven by the vehicle in front of mail with the top part of the vehicle in front of mail.

Ultimately, the Defendant suffered injury to the victim, such as salt, tension, etc. in need of approximately two weeks of treatment due to the above occupational negligence, and at the same time damaged the Defendant’s automobile owned by the victim to repair the said car in excess of KRW 1,550,000.

Summary of Evidence

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

1. Statement made by the police against D;

1. A traffic accident report;

1. The driver's license ledger;

1. A medical certificate;

1. Application of the written estimate statutes;

1. Article 3(1) and the proviso to 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 152 Subparag. 1 and Article 43 of the Road Traffic Act concerning criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of each alternative fine for punishment;

1. The former part of Article 37 of the Criminal Act, Article 38(1)2 of the Criminal Act, and Article 50 of the Act on the Aggravation of Concurrent Crimes.

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