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(영문) 서울서부지방법원 2014.09.16 2014고정1079
교통사고처리특례법위반등
Text

Defendant shall be punished by a fine of KRW 1,500,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving of the vehicle B in California.

On February 16, 2009, the Defendant driving the said vehicle without obtaining a driver's license on February 20:30, and driving it at the same time according to the speed of the Sungsansan-dong, Mapo-gu, Seoul at the speed of speed from the middle intersection to the speed of the Sinsan-do, Seoul, the Defendant changed the course to five lanes.

In this case, a person engaged in driving of a motor vehicle has a duty of care to change the lanes by operating direction direction, etc. when changing the lanes, giving prior notice of change of course, and taking into account the traffic conditions of the front and rear left.

Nevertheless, due to the negligence of changing the lane from the four lanes to the five lanes, the part of the D taxi driver's seat in front of the victim C driving in the five lanes, which was driven by the victim C, was taken as even the front door of the above vehicle.

As a result, the Defendant suffered injury to the victim, such as catum dye, requiring approximately two weeks of medical treatment by occupational negligence as above.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. A detailed statement of accident items;

1. Registers of driver's licenses;

1. Application of Acts and subordinate statutes to investigation reports (receiving a traffic accident while driving without a license related to a request for disposition by the Board of Audit and Inspection), investigation reports (Attachment of a victim'

1. Article 3 (1) and the proviso of Article 3 (2) and 7 of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the relevant Act concerning criminal facts, Article 268 of the Criminal Act, subparagraph 1 of Article 152 of the Road Traffic Act, Article 43 of the Road Traffic Act, and the selection of fines;

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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