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(영문) 부산지방법원 2019.07.05 2018고단5888
교통사고처리특례법위반(치상)등
Text

Defendant shall be punished by a fine of KRW 10,000,000.

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

Reasons

Punishment of the crime

At around 05:50 on October 8, 2018, the Defendant driven 2MW 600cc, which was not covered by mandatory insurance without a Class 2 driver’s license for a small-sized motor vehicle, and proceeds from driving 600cc or more of the four lanes in front of the B building in Busan Metropolitan City to Busan Metropolitan City on the side of the intersection. As above, the Defendant was negligent in failing to perform the duty of an automobile driving on the front side without a driver’s license, changing the three lanes to four lanes from three lanes to four lanes, and due to the negligence of changing the three lanes to four lanes, the Defendant suffered from the victim E (the 19 years old) who was on the front side of the Defendant Oralba, resulting in the injury, such as the left-hand one executive, etc. in need of treatment, and the injury to the victim F (the 18 years old) in need of an injury to the left-hand end of eight weeks.

Summary of Evidence

1. Defendant's legal statement;

1. C's statement of traffic accident;

1. Application of Acts and subordinate statutes to the inspection report on traffic accidents, actual condition of traffic accidents, each diagnosis report, driver's license ledger, criminal history records, and mandatory insurance inquiries;

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents by Relevant Acts concerning criminal facts, Article 268 of the Criminal Act, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act, Article 46 (2) 2 of the Guarantee of Automobile Accident Compensation Act and the main sentence of Article 8 of the same Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of an alternative fine for punishment;

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. The fact that the liability for the crime of causing a traffic accident is not less severe, such as the occurrence of a traffic accident, the fact that the degree of injury suffered by the victims is not less strict, the fact that the victims have agreed with the victims, and other matters that the defendant's age, character and conduct are added without a driver's license for the sentencing of Article 334 (1) of the Criminal Procedure Act.

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