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(영문) 대구지방법원 2014.07.16 2014고정1052
교통사고처리특례법위반등
Text

Defendant shall be punished by a fine of KRW 2,500,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

1. The Defendant in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents is a person who is engaged in driving of one ton cargo vehicle in Cribero.

At around 17:30 on December 19, 2013, the Defendant driven the said vehicle without a driver’s license, and led the intersection in front of the Dong-ri, Simsan-gun, Simsan-gun, the name line of which is located in the name line of the Dong-ri, Simsan-gun, to a speed of about 40 kilometers per hour at the speed of about 40 kilometers per hour.

Since there is an intersection where traffic control is not performed, the driver has a duty of care to check whether there is another vehicle that crosses by driving and temporarily stopping and to safely proceed.

Nevertheless, the Defendant neglected to do so and proceeded on as it is, at this time, received the front side of the vehicle driving by the victim D (the age of 39) who was going to an expressway from the right-hand side of the moving direction at that time, the front side of the vehicle driving by the Defendant.

As a result, the Defendant suffered injury to the above victim due to the above occupational negligence, such as a nephal ppuri disease, which caused four weeks’ treatment.

2. Violation of the Road Traffic Act (Free Driver’s License) driving the said vehicle, without a driver’s license for the said temporary bordering, around 30 meters, from the front road of the lux resources in the Simdong-dong, Gldong-dong, Gldong-dong, to the intersection of the same luxing intersection.

Summary of Evidence

1. Court statement of the defendant (the second trial date);

1. Statement of D police statement;

1. Application of Acts and subordinate statutes to a traffic accident report, traffic accident report, on-site photograph, driver's license, copy of resident registration certificate, driver's license register, each vehicle register, medical certificate, and estimate;

1. Article 3(1), proviso of Article 3(2)7 of the Act on Special Cases concerning the Settlement of Traffic Accidents concerning Criminal Facts, Article 268 of the Criminal Act, the Road Traffic Act.

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