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(영문) 광주지방법원 2013.10.25 2013고단4249
교통사고처리특례법위반등
Text

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

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 a vehicle B.

On August 30, 2013, the Defendant driven the above vehicle without obtaining a driver's license on August 18, 2013, and led to the left-hand turn to the left-hand distance near the parking lot in the Songcheon-dong, Gwangju Mine-gu.

Since there is no signal signal, in such a case, there was a duty of care to check whether a vehicle has entered the intersection before entering the intersection and to check whether there is a vehicle that has entered the intersection in order to reduce the speed and to check well the right and the right of the vehicle before entering the intersection.

Nevertheless, as a result, the Defendant neglected this and was driving by the victim C (the age of 42) who entered the intersection by the negligence of entering the intersection so far, left the left-hand side from the right-hand side of the Defendant’s proceeding direction, and entered the intersection, the left-hand door of the franchise-free car was received as the front-hand part of the Defendant’s vehicle.

Ultimately, the Defendant suffered injury, such as salt, tension, etc., in need of treatment for about two weeks by negligence on the part of the Defendant.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. A traffic accident occurrence report;

1. On-site photographs of each accident;

1. Registers of driver's licenses;

1. Application of Acts and subordinate statutes to copies of diagnosis certificates;

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

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. The reason for sentencing of Article 334(1) of the Criminal Procedure Act on the provisional payment order is relatively minor, and there is no record of the same punishment in addition to the punishment of a fine of one million won due to driving without a license in 2011, and the defendant is a disabled person of Grade VI with a delay disability.

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