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(영문) 대구지방법원 영덕지원 2013.08.07 2013고단85
교통사고처리특례법위반등
Text

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

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

Reasons

Punishment of the crime

The defendant is a person engaged in driving a C-A-Wurt Motor Vehicle.

At around 03:00 on March 10, 2013, the Defendant, without a driver’s license, proceeded at a speed of about 20 kilometers from the entrance of the national highways maritime park No. 7 around the above hotel parking lot to the Myeongri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-do.

At night, she is placed at night, and there is a narrow range of street width and a bend direction on the front side of the hotel by means of a fire-fighting road in front of the hotel. Thus, a driver had a duty of care to safely drive the front left and right and the right side of the road.

Nevertheless, the Defendant, while neglecting this, felled into a dry field below approximately two meters while driving the above road by negligence.

Ultimately, the Defendant suffered from the injury, such as the 2nd drilling in need of treatment for about 8 weeks, to the victim D (at the age of 25) who was on the top of the passenger car operation, due to the above occupational negligence, the Defendant sustained from the injury of the victim D (at the age of 25).

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by the police on D;

1. Application of the traffic accident report, traffic accident report, on-site photograph, internal investigation report (on-site inspection and confirmation of operating distance), vehicle driving certificate, ledger of driver's license, each entry in each diagnosis document, or statutes applicable to such entries and images;

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) and the proviso of Article 3 (2) 7 of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act, Article 152 subparagraph 1 of the Road Traffic Act, Article 152 and Article 43 of the Road Traffic Act, and the selection of fines;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [ within the scope of the sum total of the long term of two principal crimes stipulated in the Act on Special Cases concerning the Settlement of Traffic Accidents with heavy punishment] among concurrent crimes;

1. The reason for sentencing of Articles 70 and 69(2) of the Criminal Act in the custody of a workhouse.

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