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(영문) 대구지방법원 2019.03.07 2018고정1352
교통사고처리특례법위반(치상)등
Text

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

If the defendant fails to pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

1. A person who violates the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) and the Road Traffic Act (hereinafter “Road Traffic Act”) and the Defendant is a person engaged in driving motor vehicles

around 10:00 on January 24, 2018, the Defendant driven the said car without obtaining a driver’s license, and led it to turn to the left at a speed of about 40 kilometers from the right side to the right side of the D store located in Daegu Metropolitan City.

In such cases, when a person engaged in driving a motor vehicle enters the intersection and turn to the left, he/she has a duty of care to safely turn to the left according to the leading line using the inner side of the intersection.

Nevertheless, the Defendant neglected this and got out of the leading line to the right-hand side by the negligence of leaving the vehicle and leaving the vehicle in the direction of the right-hand side, and the victim F, who entered the intersection two lanes in the same direction and left-hand at the normal left-hand side, followed by the left-hand side of the Genz car driven by the Defendant, and received the part above the right-hand part of the B K5

Ultimately, the Defendant, by such occupational negligence, injured the victim H of “scopic salt and tension” in need of approximately two weeks of medical treatment, and inflicted injury on the victim I, who was seated on the right side of the damaged vehicle, on the part of the victim I, which requires approximately two weeks of medical treatment, respectively, on the part of the victim I, and at the same time damaged the victim following the left side of the benz in excess of KRW 2,500,000 of the repair cost.

2. Violation of the Road Traffic Act (unlicensed Driving) driving approximately 2 km from the date of temporary bordering as set forth in paragraph (1) to the roads before the D store located in the same Gu, the defendant, without obtaining a driver's license.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. The police statement concerning F;

1. The actual condition survey report;

1. The ledger of driver's licenses;

1. Application of Acts and subordinate statutes to a written diagnosis and estimate;

1. Article 3 of the Act on Special Cases concerning the Settlement of Traffic Accidents concerning Criminal Facts;

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