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(영문) 대구지방법원 2018.04.06 2018고정126
교통사고처리특례법위반(치상)등
Text

Defendant shall be punished by a fine of KRW 1,500,000.

Where the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

1. The Defendant is a person who is engaged in driving a motor vehicle with a lurged motor vehicle B in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents.

On November 25, 2017, the Defendant driving the above vehicle at around 18:35, and proceeding the front road of the D cafeteria in Daegu-gu, into a three-lane four-distance four-lane away from the end of the four-lane. The Defendant changed the course from the two-lane to the one-lane.

In such a case, the driver of a motor vehicle has a duty of care to inform the driver of the motor vehicle of the direction, etc. in advance and to change the course when it is likely to obstruct the normal traffic of other motor vehicles that proceed in the direction of the change by checking the traffic conditions before and after the change, and there was a duty of care to change the way safely.

Nevertheless, the Defendant neglected this and got the front side of the victim E(64) driving, which was in the straight line of one lane due to the negligence of changing the course, to the left side of the Defendant’s vehicle.

Ultimately, the Defendant suffered injury to the victim, such as salt, tensions, etc. in need of approximately two weeks of treatment by occupational negligence as above.

2. Violation of the Road Traffic Act (Non-licensed Driving) Defendant 1 driven the said Am-to-purd vehicle without a driver’s license in approximately 8.5 km section from the front of the D cafeteria located in Jung-gu Seoul Metropolitan City, Seo-gu, Seoul Metropolitan City, to the front of the D cafeteria at the same time.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A survey report on actual conditions;

1. An accident scene photograph;

1. A medical certificate;

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

1. Relevant Article 3(1) and the proviso to Article 3(2)7 of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Punishment, Article 268 of the Criminal Act, Article 152 Subparag. 1 and 43 of the Road Traffic Act, the selection of fines for each crime;

1. The former part of Article 37 of the Criminal Code of Aggravation of Concurrent Crimes;

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