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(영문) 의정부지방법원 2017.06.15 2017고정257
교통사고처리특례법위반등
Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

[Criminal Records] On February 4, 2016, the Defendant was sentenced to a suspended sentence of four months by imprisonment with prison labor at the Seoul Central District Court on April 2016 and the judgment became final and conclusive on February 12, 2016.

[Criminal facts]

1. On November 19, 2015, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents, without a vehicle driver’s license on November 21, 2015, the Defendant driven a DNA car in the direction of the Republic of Korea in the direction of the “C” located in Gyeonggi-si B.

In this case, a person engaged in driving of a motor vehicle has a duty of care to safely operate the brakes and steering gear by properly manipulating the front side and the right and the right and the right and the right and the right of the motor vehicle.

Nevertheless, the Defendant neglected to do so and proceeded with the part on the right side of the victim E ( South, 17 years old) coming from the opposite direction due to negligence, which led to contact with the right side of the Defendant driving vehicle.

Ultimately, the Defendant suffered injury to the above victim, such as “a salt of 1, 2, and 3 legines on the side of the lelebs,” which requires approximately two weeks of medical treatment due to the above occupational negligence.

2. Violation of the Road Traffic Act (Non-licensed Driving) Defendant 1 driven a Dice car without a driver’s license for a vehicle with approximately 3 km section from the front of the “C” road located in the same city and in the front of the “C” on the roads near the city border and the Gyeonggi-do Government, which are the same in the preceding paragraph.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. An investigation report on the actual condition of a traffic accident, a traffic accident occurrence report, or a license inquiry (A);

1. A medical certificate;

1. Previous convictions: Application of the results of inquiry and a copy of the judgment;

1. Article 3(1) and the proviso of Article 3(2)7 of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the relevant criminal facts, Article 268 of the Criminal Act, Article 152 Subparag. 1 and 43 of the Road Traffic Act, and Article 152 of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment.

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