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(영문) 전주지방법원 군산지원 2016.06.29 2016고단247
교통사고처리특례법위반등
Text

Defendant shall be punished by a fine of KRW 8,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. The Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents is a person engaging in driving a rocketing car.

On March 4, 2016, the Defendant driven the above car at around 19:35, and continued to drive the D hotel in front of the D hotel located in the Gun-si, Gun-si, Gun-si, Gun-si, North Korea, while moving to the direction of D hotel from the eland to D hotel.

The intersection where the signal, etc. is not installed, and the concession sign was installed in the defendant's proceeding direction, and the victim E (65 years) is driving a Fysta car that was driven by the victim E (65 years) first entered the intersection and was in progress in the intersection, so in such a case, the driver of the motor vehicle has a duty of care to safely drive the motor vehicle, such as entering the intersection, by taking into account the traffic situation of the intersection in the case of the driver of the motor vehicle.

Nevertheless, the Defendant neglected to do so and did not discover a car driving by the victim and entered the intersection as is, thereby resulting in the Defendant’s failure to take part of the left side of the car of the victim as the front side of the car of the Defendant, thereby resulting in the Defendant’s loss of shoulder and arms requiring treatment for about two weeks.

2. Violation of the Road Traffic Act (Unlicensed Driving) Defendant 1 driven a rocketing car from approximately 300 meters away from the clockal road front of the Dokdo Dokdo Doksan-do, which is located in the above paragraph (1) to the place of the accident without obtaining a driver’s license.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Statement made by the police for E;

1. A medical certificate;

1. Application of Acts and subordinate statutes to the ledger of driver's licenses;

1. Article 3(1) and the proviso of Article 3(2)7 of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the relevant Act and the Special Cases concerning the Selection of Punishment, Article 268 of the Criminal Act (the occupation on duty and on duty) and Article 152 subparag. 1 of the Road Traffic Act.

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