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(영문) 창원지방법원 2018.11.30 2018고단2665
교통사고처리특례법위반(치상)등
Text

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

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

Reasons

Punishment of the crime

1. The Defendant is a person who is engaged in driving a passenger car with B low-speed car in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents.

On August 28, 2018, the Defendant driven the said car without obtaining a driver's license from around 22:56, and driven it on the road located in Kimhae-si C, while driving one lane on the two-lane road at the speed of about 20km from the front intersection to the upper intersection.

At the time, the defendant was followed by the victim D(61) driven by the EM5 vehicle in the same direction. In such a case, the defendant had a duty of care to ensure that a person engaged in driving service should take into account the situation well, accurately operate the steering and steering gear, accurately adjust the speed in advance, and safely proceed.

Nevertheless, the Defendant, by negligence, found the above SM car which was stopped in accordance with the new subparagraph due to his negligence at the front time, was operated to avoid it, but did not avoid it, and received the back part of the above SM car as the front part of the above high PM car.

Ultimately, the Defendant suffered, by such occupational negligence, the injury to the victim D, such as salt, tensions, etc. in need of approximately two weeks of treatment, and the injury to the victim F (V, 58 years of age) who was on board the said SM car, due to approximately two weeks of treatment.

2. On August 28, 2018, the Defendant violated the Road Traffic Act (unlicensed driving) driving a car at approximately 3 km section without obtaining a driver’s license from around 22:50 to from around 22:56 of the same day to around 3 km section.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A traffic accident report;

1. Each written diagnosis;

1. Application of the Acts and subordinate statutes on CCTVs, CCTV closure photographs, and CCTV images;

1. Each of the relevant Articles of the Act concerning the facts of crime;

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