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(영문) 부산지방법원 2014.09.19 2014고단5189
교통사고처리특례법위반등
Text

A fine of three million won shall be imposed on a defendant.

Where the defendant fails to pay the above fine, one million won shall be the one day.

Reasons

Punishment of the crime

On October 15, 2013, the Defendant was sentenced to imprisonment with prison labor for six months at the Gwangju District Court for fraud, and the judgment was finalized on October 23, 2013.

The Defendant is a person engaging in driving a new-use car B.

On April 28, 2014, the Defendant driven the said car without obtaining a driver's license on April 28, 2014, and changed the lane from the 3-lane to the 4-lane off of the 4-lane in front of the New Red Hospital located in the Busan Jin-gu, Busan.

At the time, a person engaged in driving service at night has a duty of care to safely conduct by checking the right and the right and the right.

Nevertheless, the Defendant neglected this and neglected to change the vehicle line into the right side of the Defendant’s driver’s vehicle, and received the parts adjacent to the left side of the Defendant’s driver’s vehicle of the victim C (ma, 58 years old) driving.

As a result, the defendant suffered injury to the victim, such as catitis that requires treatment for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. C’s written statements, the ledger of driver’s license, and photographic images of damaged vehicle booms;

1. Application of statutes to inquiries about criminal records, etc.;

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

1. Selection of each fine, in consideration of the fact that the crime is committed during the period of the selective suspension of the execution of punishment, and that the crime is not less than the nature of the crime in light of the same type of punishment, but the negligence related to the traffic accident and the degree of damage to victims are relatively minor and the fact that the victim has agreed smoothly with the victim and that it is desirable to enter the recent university to lead a life

1. Of concurrent crimes, the maximum amount of Article 37 (1) 2 and Article 50 of the Criminal Act shall be applicable;

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