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(영문) 대전지방법원 홍성지원 2019.05.22 2019고단230
교통사고처리특례법위반(치상)등
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

1. Around 00:30 on January 27, 2019, the Defendant was driving a vehicle of 3 km-turged without obtaining a driver’s license in a section of approximately 3 km from the front of the Hongsung-gun apartment to the National Police Agency’s distance intersection located in the office building of Chungcheongnam-gun, Chungcheongnam-gun.

2. Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) by the Defendant is a person engaged in driving a motor vehicle with C Amo-lur.

On January 27, 2019, the Defendant driven the above car at around 00:30, and led to the crossing of the National Police Agency distance in the office building of the Chungcheongnam-gun, Chungcheongnam-do, the office building of the Chungcheongnam-do.

At night, there is a yellow flickering signal installed at the front of the defendant's moving direction, so in such a case, the person engaged in driving service has a duty of care to reduce the speed, to check the vehicle driving at the intersection, and to prevent the accident by driving safely.

Nevertheless, the Defendant neglected to do so and proceeded without obtaining a driver’s license for the said vehicle, and received the back portion of the victim D(36 years of age)’s Eracur drive, which was crossing from the mad red on the side of the madles to the sub-conception, as the front portion of the said Ahurged vehicle.

Ultimately, the Defendant suffered injury to the victim, such as salt, tension, etc. in need of medical treatment for about two weeks due to such occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A traffic accident report, on-site inspection report, and on-site photographs;

1. Registers of driver's licenses;

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

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

1. Selection of each fine;

1. The aggravated Criminal Act for concurrent crimes.

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