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(영문) 광주지방법원 2013.05.02 2013고정626
교통사고처리특례법위반등
Text

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

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The Defendant is a person engaging in driving a showsaw car.

On December 21, 2012, the Defendant driving the said vehicle without obtaining a driver's license at around 18:40 on December 21, 2012, and driving the said vehicle at around 30 km from the west side to the west-do 36.4km away from the west-do 36.4km.

In such a case, a person engaged in driving of a motor vehicle has a duty of care to drive the motor vehicle in a safe manner by thoroughly operating the steering time and accurately operating the steering and steering devices.

Nevertheless, the defendant's negligence while neglecting the Jeonju-si, led to the shock part of the victim C(W, 33 years old) driving in the same lane, which was driven by the victim C(W, 33 years old) in the same lane.

The Defendant, by occupational negligence, suffered injury to the victim C, of the “influoral salt and tension,” which requires approximately two weeks’ medical treatment, and the “influoral salt and tension,” which requires approximately two weeks’ medical treatment, respectively.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Statement to C by the police;

1. Registers of driver's licenses;

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

1. Article 3 (1) and the proviso of Article 3 (2) of the Act on Special Cases concerning the Handling of Traffic Accidents by Relevant Acts concerning the facts constituting an offense, Article 268 of the Criminal Act, subparagraph 1 of Article 152 of the Road Traffic Act, and Article 43 of the Road Traffic Act;

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, and Articles 38 (1) 2 and 50 of the Criminal Act (within the scope of adding up the amounts);

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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