(영문) 서울남부지방법원 2017.12.28 2017고단5355

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(영문) 서울남부지방법원 2017.12.28 2017고단5355

교통사고처리특례법위반(치상)등

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Defendant shall be punished by a fine of KRW 3,000,000.

Where a defendant fails to pay a fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

1. On July 28, 2017, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) driven a two-wheeled automobile with B engine displacement of 300cc, without a driver’s license, and driven a two-wheeled vehicle with the front road in Guro-gu Seoul Metropolitan City, and a three-lane one-lane between the error ICT direction and the error ICT direction at the ceiling.

At the same time, there is a crosswalk where signal lights are installed, so there was a duty of care to check whether a person engaged in driving service has a way to reduce the speed and to see well the right and the right and the right and the right and the duty of care to drive safely according to the new subparagraph.

Nevertheless, the Defendant neglected this and went beyond the road due to the negligence of disregarding and proceeding the vehicle driving signal even though it was a stop signal, and caused the body of the victim D(70) who dried the crosswalk from the right side of the direction to the left side by pedestrian signals, to be the front part of the two-wheeled vehicle.

In the end, the Defendant suffered the victim’s abundance on the left-hand side of the eight weeks of treatment due to such occupational negligence.

2. The Defendant violated the Road Traffic Act (unlicensed driving) driving a two-wheeled vehicle on the same date and time as paragraph 1, and without a Class 2 driver’s license from the adjoining section to the place of paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of the occurrence of E traffic accidents;

1. The driver's license ledger;

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

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

1. Selection of an alternative fine for punishment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. Driving a vehicle without a driver’s license in the sentencing of Article 334(1) of the Criminal Procedure Act.

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