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(영문) 광주지방법원 목포지원 2014.10.31 2014고정392
교통사고처리특례법위반등
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Defendant shall be punished by a fine of five million won.

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

Reasons

Punishment of the crime

The Defendant is a person engaged in driving Cren car driving.

On April 9, 2014, the Defendant driven the above vehicle without a driver's license on April 10, 2014, and made the turn to the left at the right of one way between the four-lanes from the front side of the Sinpo City-si 759, Sinpo City-si.

At this point, traffic control by signal apparatus is an intersection where traffic is controlled, and there is another vehicle that is proceeding in accordance with the straight line on the opposite line, so in such a case, a person engaged in driving service has a duty of care to look at the front line well and to maintain the signal and prevent the accident in advance.

Nevertheless, without a driver's license, the Defendant was negligent in left turn in violation of the signal and received the front part of the Karen vehicle in front of the Karen vehicle by the victim D (W, 42 years old) drive E in the opposite line.

The Defendant, by such occupational negligence, caused the victim D to suffer injury, such as brain-dead sugar, etc. requiring medical treatment for about three weeks, and caused the victim F (hereinafter referred to as 40 years of age) to suffer injury, such as early refiting without any portion requiring medical treatment for about two weeks, and at the same time damaged the above A-to-purged vehicle in a way that its repair cost would amount to KRW 1,303,50.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. The actual condition survey report;

1. Each written diagnosis and estimate about D or F;

1. The ledger of driver's licenses;

1. Application of Acts and subordinate statutes on accident-related photographs;

1. Article 3 (1), Article 3 (2) (proviso) 1 and 7 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 151 of the Road Traffic Act, subparagraphs 1 and 43 of Article 152 of the Road Traffic Act concerning facts constituting an offense;

1. Each of the decisions in Articles 40 and 50 of the Criminal Code shall be rendered.

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