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(영문) 춘천지방법원 원주지원 2016.11.07 2016고정339
교통사고처리특례법위반등
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

1. The Defendant in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents is a person engaged in driving BM7 vehicles.

On October 3, 2014, the Defendant driven the said vehicle without obtaining a driver's license at around 17:20 on October 3, 2014, and led to the passage of the tunnels in the Young-dong Highway, which is located in the lux of the Gangwon-do, to Incheon at a low speed.

At the time, the defendant had a duty of care to ensure the necessary distance to avoid the collision with the vehicle running ahead of the D Launa car driven by the victim C(37 years old). Therefore, when the vehicle running ahead of it voluntarily stops, the defendant had a duty of care to safely operate the steering and operating the steering gear accurately and prevent the accident in advance.

Nevertheless, due to the negligence of the defendant's neglect of this, the part behind the damaged vehicle that was immediately stopped due to the delay of the vehicle was received as the front part of the vehicle that was driven by the defendant.

The Defendant, by occupational negligence, sustained injury to the victim E (M, 36 years of age), the victim F (64 years of age), and the victim G (P, 2 years of age), respectively, due to the above occupational negligence, suffered injury to the victim E (M, 36 years of age), f (64 years of age), and so on.

2. The Defendant violated the Road Traffic Act (unlicensed Driving) and driven BM7 automobiles without obtaining a driver’s license as stated in paragraph (1) at the time, place, and the same time and place as stated in paragraph (1) above.

Summary of Evidence

1. Defendant's legal statement;

1. Reports on traffic accidents, and reports on the occurrence of traffic accidents;

1. Registers of driver's licenses and disqualified meetings of the main office;

1. Application of Acts and subordinate statutes of each written diagnosis;

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. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each alternative fine for punishment;

1. Of concurrent crimes, the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act shall apply to concurrent crimes;

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