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(영문) 서울남부지방법원 2014.02.06 2014고정1
교통사고처리특례법위반등
Text

Defendant shall be punished by a fine of KRW 1,500,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The Defendant is a person who has been engaged in driving a C Pops owned by the wife B.

1. On June 19, 2010, at around 10:50, the Defendant operated the road in front of 936, Geumcheon-gu Seoul, Geumcheon-gu, Geumcheon-gu, Seoul, along the two-lanes in the direction of Park Jong-si in the direction of the distance of bank trees. The Defendant changed the course into one-lane.

In such cases, no driver shall drive a vehicle without a license, and there was an occupational duty to safely change the course so as not to obstruct the passage of the vehicle driving in the direction of changing the course and prevent the accident from occurring.

Nevertheless, the defendant, in violation of this, driving the above vehicle without a license and changing the course into a one-lane direction, and the victim D (the age of 24) who was driving in the same direction as that of the mast, has contacted the front right part of the vehicle and the upper right side of the mast vehicle.

Ultimately, the Defendant, through the above occupational negligence, suffered injury from the victim F (24 years of age) who was aboard the damaged vehicle, due to the bones infection and tension of the bones, etc. of the bones, each of which requires two weeks of treatment.

2. The Defendant, without a temporary border driver’s license as referred to in the above paragraph 1, driven a vehicle above approximately one kilometer from the street above 1043-13, Geumcheon-gu, Geumcheon-gu, Seoul Metropolitan Government, to the road above 936, Gosidong, Geumcheon-dong.

Summary of Evidence

1. A protocol of partial police interrogation of the accused;

1. A traffic accident report;

1. Report on investigation;

1. Application of Acts and subordinate statutes of each written diagnosis;

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, Article 152 subparagraph 1 of the Road Traffic Act, and Article 43 of the Road Traffic Act concerning criminal facts;

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

1. Selection of each 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 and 69(2)1 of the Criminal Act for the detention of a workhouse;

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