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(영문) 부산지방법원 2018.04.17 2017고정2502
교통사고처리특례법위반(치상)등
Text

Defendant shall be punished by a fine of 2.5 million won.

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

Reasons

Punishment of the crime

On November 10, 2017, the Defendant was sentenced to a suspended sentence of ten-month imprisonment with prison labor at the Busan District Court on November 18, 2017, and the judgment became final and conclusive on November 18, 2017.

1. The Defendant is a person who is engaged in driving a vehicle BM520, in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents.

On May 29, 2017, the Defendant driven the above vehicle without a driver's license on May 20, 2017, and driven the front road of the National Agricultural and Fishery Product Management Institute located under the Busan Urban Planning System in the direction of the passage from the intersection of the west to the intersection of the west.

In such cases, the driver of a motor vehicle has a duty of care to secure a necessary distance to avoid a collision with the motor vehicle running ahead of it in the same direction when the motor vehicle driver stops suddenly.

Nevertheless, the Defendant did not neglect this and did not see that the victim's new driving of the new driving of the victim who proceeded ahead of it due to the occupational negligence and did not stop for the signal atmosphere, and the Defendant was driven by the front part of the motor vehicle operated by the Defendant, and received the part of the motor vehicle after being driven by the victim.

After all, the Defendant caused the victim C to suffer from the injury of the pipe and human salt and tension in the part of the pipe and the part of the scarcity in need of approximately two weeks of treatment due to the above occupational negligence.

2. The Defendant, without a driver’s license on a day as set forth in paragraph 1, driven a BM520 car from the front road of the intersection in the Busan Jin-dong without a driver’s license on the road located in the Busan Jin-dong to the front road of the National Agricultural and Fishery Product Management Institute located in the Busan Jin-dong.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s traffic accident statement;

1. Investigation report on the actual condition of traffic accidents, investigation report (Submission of a victim's diagnosis report), and the register of driver's licenses;

1. Previous Records: inquiries into criminal records and investigation records, inquiry of summary information of the case, and application of the text of the judgment 1.

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