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(영문) 광주지방법원 2013.11.26 2013고단5120
교통사고처리특례법위반
Text

Defendant shall be punished by a fine of KRW 700,000.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of a truck in Bribee owned by the defendant.

At around 15:00 on January 4, 2008, the Defendant, without obtaining a driver’s license, proceeded ahead of the U.S. car road located in the Seo-gu, Seo-gu, Gwangju, in the direction of the same direction, from the 5.18 Memorial Center to the coefficient distance, along the two-lane road from the 5.18 Memorial Center, along the speed of about 20km.

In such cases, a person engaged in driving of a motor vehicle has a duty of care to ensure the necessary distance to avoid a collision with the motor vehicle ahead of it when the motor vehicle ahead of it stops suddenly and prevent accidents in advance.

Nevertheless, the defendant is negligent in doing so and is proceeding.

The driving D car driven by the victim C(64 years of age) was delayed after temporarily stopping the car as the body of the vehicle.

However, because the distance is too difficult, the part of the defendant's vehicle behind the damaged vehicle was concealed by the front part of the damaged vehicle.

The Defendant suffered injury by these occupational negligence, such as salt, tension, etc. of the bones of wood, which requires approximately two weeks of treatment days.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the respective Acts and subordinate statutes stated in the report on traffic accidents, actual condition survey (1 and 2), the register of driver's licenses, and diagnostic certificates;

1. Relevant legal provisions concerning 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 According to the Selection of Punishment, and Article 268 of the Criminal Act

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

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