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(영문) 의정부지방법원 2020.11.26 2020고정1284
교통사고처리특례법위반(치상)등
Text

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

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

Reasons

Punishment of the crime

1. The defendant is in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury).

On May 9, 2020, the Defendant driven the said car without obtaining a driver's license on May 9, 2020, and, at the government of the Gyeonggi-do, driven the two-lane road from the front direction to the D Middle School at a speed that would not be known by two-lanes.

At the time of night and there are other vehicles in the front door, so in such a case, there was a duty of care to see the front door to a person engaged in driving of a motor vehicle, to take into account the operation situation of the preceding motor vehicle, and to operate the steering and brake system, to prevent accidents from occurring.

Nevertheless, the Defendant neglected to stop the vehicle while driving the previous vehicle, which the Defendant was driven by the victim E (E, 54 years old) driving in order to circumvent the vehicle from the front direction of the vehicle driving by the Defendant due to the negligence that continued to run while the previous vehicle stopped, and led the driver to the front end of the vehicle of the Defendant.

As a result, the Defendant suffered injury to the above victim due to the above occupational negligence, which requires approximately two weeks of medical treatment.

2. Violation of the Road Traffic Act (Free Driver’s License) without obtaining a driver’s license for a temporary border as referred to in paragraph (1) above, the Defendant driving a Bran-do car from the front of the H Middle School located in G in the Government of Gyeonggi-si to the front of C in the same city.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition of traffic accidents;

1. A written diagnosis of victims;

1. Application of the driver's license ledger and resident inquiry statutes;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) and the proviso of Article 3 (2) and (7) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act, subparagraphs 1 and 43 of Article 152 of the Road Traffic Act, and the selection of fines;

1. The former part of Article 37 of the Criminal Code and Article 38 of the Criminal Code among concurrent crimes.

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