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(영문) 서울북부지방법원 2016.12.22 2016고정2240
교통사고처리특례법위반(치상)등
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 drives B bargaining vehicles.

1. Around 04:50 on August 11, 2014, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) driven the said vehicle without a driver’s license, driving the said vehicle, and driving the instant vehicle toward the direction of running along the direction of walking at the right hill of the four lanes in front of the D in Seongbuk-gu Seoul, Seongbuk-gu Seoul.

In such cases, the driver of any motor vehicle shall accurately operate the steering system, brakes and other devices of the motor vehicle, shall not drive the motor vehicle at such speed or in such a manner as to inflict any danger and injury on others, depending on the traffic conditions of the road and the structure and performance of the motor vehicle, and has the duty of care to prevent accidents in advance by safely reporting the traffic situation on the front and the

Nevertheless, the Defendant neglected to do so and was negligent in driving on the front side of the Defendant’s driving vehicle, which was driven by the victim E(the age of 45) who temporarily stopped in the signal atmosphere, and received a panion in front of the Defendant’s driving vehicle.

As a result, the Defendant suffered injury to the above victim due to the above occupational negligence, such as crypitis that should receive approximately 10 days of medical treatment.

2. Around 04:50 on August 11, 2014, the Defendant violated the Road Traffic Act (free license) driving of the said vehicle without a driver’s license, from a non-place to D’s front road in Seongbuk-gu Seoul, Seongbuk-gu.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. E statements;

1. A medical certificate;

1. Report on the occurrence of traffic accidents, report on the actual condition of traffic accidents, and the register of driver's licenses;

1. Application of the Acts and subordinate statutes governing photographs of the skin vehicle and damaged vehicle photographs;

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

1. Aggravation concurrent crimes;

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