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(영문) 수원지방법원 안산지원 2015.08.12 2015고정587
교통사고처리특례법위반등
Text

Defendant shall be punished by a fine of KRW 6,000,000.

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 a C-3 car.

1. On February 18, 2015, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents, without obtaining a driver’s license at around 20:40 on February 18, 2015, driving the said vehicle under the influence of alcohol concentration of 0.172%, and driving the said vehicle at a speed of 3-lanes in front of the shooting distance in the Nowon-gu, Nowon-gu, Seoul Metropolitan City.

In such cases, the driver of a motor vehicle has a duty of care to properly see the front left and accurately manipulate the steering gear and prevent the accident from occurring.

Nevertheless, due to negligence while neglecting this, the part behind the E-3 car of the victim who stopped for the signal waiting in front of the direction of the driving was placed in front of the Defendant driving vehicle.

As a result, the Defendant suffered injury to the victim and the damaged vehicle by occupational negligence as well as to the victim and the damaged vehicle, such as salt ties, tensions, etc. in need of medical treatment for about three weeks, and each of the above damaged vehicle suffered injury to the victim and the damaged vehicle, such as salt ties, tensions, etc. in need of medical treatment for about two weeks, along with the damaged vehicle.

2. The Defendant violated the Road Traffic Act (driving) and the Road Traffic Act (Non-licensed driving) as stated in paragraph (1) of this Article, driving CK3 automobiles in a state of under the influence of alcohol of about 0.172% of alcohol content without obtaining a driver’s license from about 6 km section from the end of 256 before the end of the city of Ansan-si to the roads front of the city of Ansan-si, Seoul Special Metropolitan City.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. The circumstantial report of an employee;

1. Photographs of the harming vehicle;

1. Photographs of damaged vehicles;

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

1. Article 3 (1), the proviso to Article 3 (2) 7 and 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act concerning criminal facts;

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