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(영문) 춘천지방법원 원주지원 2016.01.20 2015고단1030
교통사고처리특례법위반등
Text

Defendant shall be punished by a fine of eight million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. On November 17, 2015, the Defendant was driving a BMF5 vehicle without a driver’s license from the parking lot of the Suwon-si, Seoul Special Metropolitan City to the front road of the “Eve House” located in the same Si’s original door from the parking lot of the Suwon-si, Seoul Special Metropolitan City to the “CMF5 vehicle” located in the same Si’s original door.

2. The Defendant, in violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents, is engaged in driving a vehicle BM5.

On November 17, 2015, the Defendant driven the said car without a driver’s license on November 17, 2015, and driven the said car along the two lanes in front of the “Eved House” in the original door of the original city at the original city at the original city, along with one lane towards the cross-city bus terminal located in the same Si/Eup/Myeon from the same Si/Eup/Myeon.

At the time, the Defendant, prior to the same direction, followed the victim C(53) driver’s rocketing car in the same direction. In such a case, the Defendant has a duty of care to prevent accidents by safely driving the vehicle, such as ensuring a safe distance to avoid driving when the vehicle is stopped through a thorough operation of the vehicle, securing a safe distance to avoid driving, and driving the vehicle.

Nevertheless, the Defendant neglected this and stopped the said rocketing car, but did not avoid it, and the Defendant was shot to the front part of the said SM5 car operated by the Defendant, with the top part of the said SM5 car.

Defendant 2 suffered injury to the victim, such as cerebral sye, which requires approximately two weeks of medical treatment due to such occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A traffic accident report;

1. A medical certificate;

1. License register;

1. Application of Acts and subordinate statutes governing accident scene photographs;

1. Article 152 Subparag. 1 and Article 43 of the Road Traffic Act concerning criminal facts, Article 152 Subparag. 1 and Article 3 of the Act on Special Cases concerning the Settlement of Traffic Accidents.

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