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(영문) 서울북부지방법원 2016.06.30 2016고단1458
교통사고처리특례법위반등
Text

Defendant shall be punished by imprisonment without prison labor for not less than four months and by a fine not exceeding 100,000 won.

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in the driving of Oraba, C.

On December 8, 2015, the Defendant driven the above Oral Ba without a driver's license of a motor vehicle on December 12:35, 2015, and driven the D-do one lane in front of the Seoul Western-gu Seoul Central Government Community Center to the private house's station.

Since the place is on the road where the center line of yellow solid lines is installed, drivers are obliged to drive safely without breaking the center line.

Nevertheless, the Defendant is driving by a victim F who is driving on the opposite road due to the negligence that is going through by the central line in order to enter the “E”.

GCA110V Oral part of the front part of the GCA110V was received as the front part of the right side of the Defendant Oralba and had the victimized person go beyond the road.

As a result, the Defendant suffered injury to the victim due to the negligence of the above business, such as the damage of the pressure of the left-hand trag which requires treatment for about two months.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report;

1. A medical certificate;

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

1. Selection of a fine for a crime that violates the relevant legal provisions and the proviso of Article 3(1) and (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment; Article 268 of the Criminal Act; Article 268 of the Road Traffic Act; Article 154 subparagraph 2 and Article 43 of the Road Traffic Act; Article 43 of the Act on Special Cases concerning the Settlement of Traffic Accidents; Article 154 of the Act on Special Cases concerning the Settlement of Traffic Accidents;

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 3 and 50 of the same Act, which increases concurrent crimes;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act for the Provisional Payment Order / [the scope of recommendation] The ground for sentencing of Article 334(1) of the General Traffic Accidents Act / [the scope of recommendation] where the basic area (4 months to 10 months) [the special mitigation (special mitigation)] / Where the illegality in the proviso of Article 3(2) of the Act on the Special Cases of the Teaching, is serious (the decision of sentencing] The accident of this case occurred due to negligence committed by the Defendant who committed the central line in the state of non-license.

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