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(영문) 대전지방법원 논산지원 2018.02.06 2017고단666
교통사고처리특례법위반(치상)등
Text

Defendant shall be punished by imprisonment without prison labor for not less than four months and by a fine not exceeding 300,000 won.

If the defendant does not pay the above fine, 100.

Reasons

Punishment of the crime

The Defendant is a person engaged in driving GTS300 EVO.

On September 16, 2017, the Defendant, without obtaining a driver's bicycle license for a motor device, operated the above Oralb, and continued to drive the national highways on the way 27 roads, Chungcheongnam-nam, Chungcheongnam-gun, Gyeongnam-ro, Kaam, in the direction of taam in the direction of taam.

Since it is an intersection that is prohibited from passing ahead, a person engaged in driving service has a duty of care to avoid passing through the intersection.

Nevertheless, the Defendant neglected this and went ahead to the same direction when he got out of the way that he got ahead of the vehicle that was driven ahead of it. The front wheel part of the victim C(52) with the front wheel part of the car, which was left left, was shocked by the front wheel part of the car.

As a result, the Defendant suffered injury, such as duplicating three cupages, which require approximately four weeks of medical treatment from the above occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. The driver's license ledger (A);

1. Each written diagnosis;

1. Application of Acts and subordinate statutes for report on internal investigation (verification of image records of damaged vehicles);

1. Article 154 subparagraph 2 of the Act on Special Cases Concerning the Settlement of Traffic Accidents, Article 154 subparagraph 2 of the Road Traffic Act, Article 43 (Unlicensed Driving, Selection of Fine), Article 3 (1), the proviso to Article 3 (2) 4 and 7 of the Act on Special Cases Concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act (the occupation of injury caused by occupational negligence, and Selection of imprisonment without prison labor);

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 3 and 50 of the same Act, which increases concurrent crimes;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Orders to observe protection and attend lectures under Article 62-2 of the Criminal Act;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act, even though the defendant had been punished several times for the same kind of crime, commits the instant crime again, and the degree of injury of the victim is not negligible, and it is not agreed with the victim.

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