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(영문) 인천지방법원 2016.10.20 2016고단5488
교통사고처리특례법위반등
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

1. The Defendant violated the Road Traffic Act (unlicensed Driving) even though the validity of the driver’s license was suspended from November 4, 2014 to February 11, 2015, on November 23, 2014, around 04:00, the Defendant proceeded with approximately 73.5 km from the front of the Incheon Jung-gu, Incheon.

2. The Defendant in violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents is a person engaging in driving a rocketing car.

On November 23, 2014, the defendant was under suspension of the driver's license at around 06:00, but the driver's license was driving of the above car and came to turn to the left from the shooting distance of the Jung-gu Incheon Jung-gu Incheon Jung-gu Hospital to the new light shooting distance.

At the time of night, there was a duty of care to prevent traffic accidents in advance by reducing speed for those engaged in driving service, and by examining well the front side of the vehicle.

Nevertheless, the Defendant neglected to turn to the left and proceeded to the left at the entrance of the subway construction site, not the new light-distance shooting distance, but the Defendant got off the victim F.F. (the 61-year-year-old-year-old-year-year-old-year-year-year-year-year-year-year-year-year-year-old car.

As a result, the Defendant suffered injury to the victim due to the above occupational negligence, such as the left-hand dynasium, which requires approximately two weeks medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. The actual condition survey report;

1. Inquiry into administrative dispositions at the main office;

1. Registers of driver's licenses;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Relevant legal provisions concerning criminal facts, Article 3 (1), the proviso to Article 3 (2) and Article 3 (7) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act, subparagraph 1 of Article 152 of the Road Traffic Act, and Article 43 of the Road Traffic Act (the point of driving without a license)

1. Of concurrent crimes, the former part of Article 37, Article 38(1)2, and Article 50 (the maximum amount of each of the crimes above shall be aggregated) of the Criminal Act shall be applicable.

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