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(영문) 수원지방법원 성남지원 2016.06.30 2016고정527
교통사고처리특례법위반등
Text

Defendant shall be punished by a fine of KRW 2,500,000.

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

Reasons

Punishment of the crime

The defendant was driving a B-A-Wed-Wed-Wed-Wed-Wed Car.

1. On January 27, 2016, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents: (a) drive the said vehicle without a driver’s license around 17:40 on January 27, 2016; and (b) made the three-distance front of the “D industrial company” located in Gwangju City C, turn to the left from the right side

Since the location is not supported by traffic control, a person engaged in driving service has a duty of care to check whether there is a cross-road vehicle by reducing speed or temporarily suspending the vehicle.

Nevertheless, the defendant was found to have been on the front part of the driving vehicle of the victim E ( South, 61 years old) driving, which was directed toward the repair from both sides of the right-hand left-hand turn, due to negligence on the left-hand turn.

After all, the defendant suffered injury such as salt, tensions, etc. in need of approximately two weeks of treatment to the above victim E by negligence in the course of the above business.

2. The Defendant violated the Road Traffic Act (Non-licensed driving) driven the said vehicle without the driver’s license at a distance of about 500 meters from the front day of the 71st day of the repair of the Eup at the beginning of the early in Gwangju City to the front day of the “D industrial company” located in C.

Summary of Evidence

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

1. A written statement of the victim;

1. Application of Acts and subordinate statutes to the traffic accident report, traffic accident occurrence report, each photograph, driver's license ledger, and medical certificate;

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

1. Selection of each alternative fine for punishment;

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

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

1. It is so decided as per Disposition on the grounds of Article 334(1) or more of the Criminal Procedure Act.

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