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(영문) 대구지방법원 2017.05.25 2017고단1386
교통사고처리특례법위반(치상)등
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 BM3 car.

On September 14:00 on September 3, 2016, the Defendant driven the said car without obtaining a driver's license, and driven the said car at a speed of about 50 km per hour from the four-lane distance to the territorial distance along the two-lane.

Since there is a place near the intersection, a person engaged in driving of a motor vehicle has a duty of care to accurately operate the steering system, brakes, and other devices of the motor vehicle, and not to drive the motor vehicle at a speed or in a manner that may cause danger and harm to others according to the traffic situation of the road and the structure and performance of the motor vehicle.

Nevertheless, the Defendant was negligent in proceeding immediately without a driver’s license, and the lower part of the Victim E (28 Doe) driving that was parked in the signal atmosphere from the front direction of the Defendant at the time when he was faced with the front part of the passenger car of the Defendant.

After all, the defendant, by negligence in the above business, suffered from the injury of light fluoral salt and right fluoral fluoral in need of approximately two weeks of treatment to the above victim E, and the injury of light fluoral fluoral fluoral fluor in need of approximately two weeks of treatment to the victim G (34 years of age) who was boarding the above SM5 car.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of four Acts and subordinate statutes to the ledger of driver's licenses, a survey report on actual condition, and a photograph on accident scene;

1. Subparagraph 1 of Article 152 of the Road Traffic Act and Article 43 (U.S. Driving without License) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 3 (1) and the proviso to Article 3 (2) 7 of the Act on Special Cases concerning the Settlement of Traffic Accidents, and Article 268 of the Criminal Act concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (between the crimes of violation of the Act on Special Cases concerning the Settlement of Traffic Accidents) ;

1. Selection of each of the selective fines for punishment (the defendant agreed that only with the victim E, the degree of damage to the victims, and the defendant's breach of duty of care;

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