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(영문) 광주지방법원 2016.12.15 2016고단2916
교통사고처리특례법위반(치상)등
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Defendant shall be punished by a fine of KRW 2,500,000.

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

Reasons

Punishment of the crime

The Defendant is a person engaging in driving a Bran XG car.

On May 19, 2016, the Defendant driven the said car without a driver's license on May 16, 2016, and proceeded to turn to the left in the direction of a slot apartment from the direction of the distance of the Round 3rd-ro at the entrance of the Round-ro three complex, 98, 50-gil-ro, Gwangju, Northbuk-gu.

At the time, there was a victim C(69 years of age) driving in the same direction as the Defendant at the front of the Defendant, and thus, the driver of the motor vehicle has a duty of care to ensure the necessary distance to avoid the collision with the motor vehicle ahead when the motor vehicle ahead stops, so that the driver of the motor vehicle has a duty of care to prevent accidents.

Nevertheless, the Defendant neglected to stop the car and failed to avoid it, and the Defendant failed to avoid it, and received the part of the driver to the right side of the car above IXG, following the above IXG car's left side.

As a result, the Defendant suffered injury to the victim, such as brain-dead sugar, which requires medical treatment for about 15 days, due to such occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. The actual condition survey report;

1. Certificates of hospitalization;

1. Application of the statutes on the register of driver's licenses;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) 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, Article 268 of the Criminal Act, subparagraph 1 of Article 152 of the Road Traffic Act, Article 43 of the Road Traffic Act, and selection of fines;

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

1. The sentencing conditions of the Defendant’s age, character and conduct, environment, health conditions, circumstances after the commission of the crime, and the circumstances after the commission of the crime shall be determined by taking into account all of the sentencing conditions indicated in the arguments of the instant case in the major normal relation, which are considered below the reasons for the sentencing of Articles 70(1) and 69(2) of the Criminal Act.

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