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(영문) 인천지방법원 2014.12.22 2014고정4057
교통사고처리특례법위반등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving of options vehicles B.

1. On July 3, 2014, the Defendant driven the said vehicle without obtaining a driver’s license on July 12:10, 2014, while driving the said vehicle at a speed of 60km/h of Si speed depending on three lanes at the entrance of Yeonsu-gu Incheon, Yeonsu-gu, the road of six-lanes in front of the shooting distance of 93 (Cheongnam-do, Incheon, as the blue-gu, Incheon.

In such cases, a driver has a duty of care to take into account the traffic situation of the front section and the front section and to operate the steering and brake system accurately and safely.

Nevertheless, due to negligence of neglecting this, the victim C (the 68-year-old driver) who stops in the signal atmosphere at the front, and operated the operation of the operation system, but was insufficient, and led the back part of the observer car to the front part of the observer car.

As a result, the Defendant suffered injury to the victim by the above negligence to require 2 weeks of diagnosis, such as spawn spawn spawn, brain spawn, etc., and at the same time damaged vehicles to require repair equivalent to KRW 1,313,738, such as the exchange of spawn

2. The Defendant, as stated in the foregoing paragraph 1, driven a 375-ro, Seo-gu, Incheon, Seo-gu, Incheon (Gaon-dong) from the street front of the New Hy-gu, Incheon to the front of the training-gu, Yeonsu-gu, Incheon (Cheongdo-dong), 1 km section from the street of the training-gu to the front of the remote street of the

Summary of Evidence

1. Defendant's legal statement;

1. Application of the Acts and subordinate statutes to the register of traffic accident reports, diagnostic certificates, vehicle estimates, and driver's licenses;

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents concerning Criminal Facts, Article 268 of the Criminal Act, Article 151 of the Road Traffic Act, subparagraph 1 of Article 152 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 an alternative fine for punishment;

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

1. Article 70(1) of the Criminal Act for the detention of a workhouse.

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