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(영문) 창원지방법원 밀양지원 2016.01.14 2015고단391
도로교통법위반(무면허운전)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

1. The Defendant in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents is a person engaging in B cargo vehicle driving service.

On June 15, 2015, the Defendant driven an above cargo vehicle at around 09:50, and led to the intersection of the private distance to the entrance of the agricultural product test site at the Yacheon-ri Housing at the front of the agricultural product test site in Yayang-ri, Yayang-ri, Yayang-do.

At this point, there is no signal signal, and it is not easy to confirm the vehicle coming from the left-hand side because a vinyl is installed on the left-hand side of the defendant's proceeding direction, so in such a case, a person engaged in driving service has a duty of care to prevent accidents by temporarily suspending prior to entering the intersection or making it possible to enter the intersection after making a temporary stop before entering the intersection.

Nevertheless, the Defendant neglected this and caused injury to the victim, i.e., a traffic accident that the victim C drives from the left side of the running direction to the right side of the defendant's vehicle, which was driven by the victim C with the crosssection due to the occupational negligence of driving without obtaining a driver's license, due to the victim's negligence, such as a traffic accident that takes up the front part of the above cargo vehicle into the front part of the cargo vehicle, 10 weeks in the right side 10 and 11 weeks in need of treatment.

2. The Defendant did not obtain a driver’s license at the time and place of the above Paragraph 1 of the Road Traffic Act and drive B cargo vehicles as above.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. A traffic accident report, each traffic accident report, diagnosis certificate, and the ledger of driver's licenses;

1. Application of each statute on photographs;

1. Relevant Article 3 (1) and the proviso to Article 3 (2) 7 of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, Article 268 of the Criminal Act (a point of causing occupational negligence), Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (a point of driving without a license), and the selection of fines;

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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