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(영문) 부산지방법원 2017.10.25 2017고정1278
교통사고처리특례법위반(치상)등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a vehicle with C low Pest another car.

On January 22, 2017, the Defendant, without obtaining a driver’s license of the said car at around 17:00, operated the said car and neglected to perform the duty of follow-up watch on the road without distinguishing the front-lane from D located in Busan East-gu, and instead neglected to perform the duty of follow-up watch on the road located in D, and received the part following the Defendant’s Genz car of the victim F (F, 39 years old), which was parked at the right right edge of the said car at the right edge of the vehicle at the speed of about 3km in the city speed.

As a result, the Defendant suffered injury to the victim, such as large-scale salt and tension, which requires treatment for about two weeks, due to such occupational negligence, and at the same time damaged the Defendant’s car to cover KRW 2,500,000 in total of repair costs, such as painting.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement;

1. A traffic accident report;

1. A written diagnosis and written estimate for maintenance of motor vehicle inspection;

1. Registers of driver's licenses (A) and details of revocation of driver's licenses;

1. Application of Acts and subordinate statutes to photographs of damaged vehicles;

1. Article 152 subparag. 1 and Article 43 of the Road Traffic Act (unlicensed Driving) concerning facts constituting an offense, Article 3(1) and the proviso to Article 3(2)7 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, and Article 151 of the Road Traffic Act (a point of causing occupational negligence);

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of each alternative fine for punishment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act include: (a) that the defendant separates and reflects his/her mistake; (b) the punishment imposed in a similar case shall be mitigated by comprehensively taking into account equity, the defendant’s age, sex, environment, motive, means and consequence of the crime; and (c) other circumstances that conditions for sentencing, such as the defendant’s age, sex, environment, motive and consequence of the crime; and (d) the circumstances after the crime.

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