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(영문) 서울중앙지방법원 2016.04.05 2015고정4819
교통사고처리특례법위반등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a KS7 car.

On September 14, 2014, the Defendant, without obtaining a driver’s license of a vehicle at around 01:30 on September 14, 2014, driving the said vehicle, and driving the said vehicle on the street of 118-No. 30, Gangnam-gu, Seoul, to the front side of the present elementary school in the south of Gangnam, did not well look at the front side and the left side while driving the steering direction and the steering system at the front side of the said K7 vehicle, and caused the Defendant to go beyond the body of the victim C (the age of 31) who walked toward the right side from the left side of the said K7 vehicle, thereby suffering injury, such as the “injection salt,” which requires a two-day medical treatment.

Summary of Evidence

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

1. A traffic accident report;

1. A report on the occurrence of a traffic accident (C);

1. Medical certificate (C);

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

1. Article 152 subparag. 1 and Article 43 of the Road Traffic Act (unlicensed Driving) concerning the facts constituting an offense, Article 3(1) and the proviso to Article 3(2)7 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act (the occupation of a person on duty and on duty due to traffic accidents) and the selection of fines, respectively;

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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