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(영문) 부산지방법원 2014.02.13 2013고정4462
교통사고처리특례법위반등
Text

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

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving cars B.

1. On May 24, 2013, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (hereinafter “Special Cases Concerning the Settlement of Traffic Accidents”) while driving the said motor vehicle as a duty without a driver’s license, and changing the course from May 24, 2013 to a three-lane course while driving in the direction of the SK KK station, which is located in the string of Busan Metropolitan City, from the alternate side

In this case, as a driver, he had a duty of care to safely drive the car, such as taking the front side and the left side well, and keeping it well.

Nevertheless, the defendant neglected this and changed rapidly the course from the three-lane to the five-lane to a gas station located on the right-hand side of the road, and caused the C Driving D bus driven in the five-lane to rapid stop.

After all, the Defendant suffered approximately two weeks of medical treatment from the victim E due to the above occupational negligence, and the Defendant suffered a salt and tension in the so-called sacratum in need of medical treatment.

2. The Defendant has driven the said vehicle at the same time without a driver’s license at the same place.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of traffic accident E and C;

1. Each traffic accident report;

1. A report on investigation (with respect to black boxes and video images);

1. Application of the statutes on the register of driver's licenses;

1. Article 3 (1) and the proviso to Article 3 (2) 7 of the Act on Special Cases concerning the Settlement of Traffic Accidents According to Relevant Acts concerning criminal facts, Article 268 of the Criminal Act, subparagraph 1 of Article 152 of the Road Traffic Act, and Article 43 of the Road Traffic Act;

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) of the Criminal Act for the detention of a workhouse;

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

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