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(영문) 대구지방법원 2018.07.26 2018고정259
교통사고처리특례법위반(치상)등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant is a person engaged in driving a rocketing car.

On September 23, 2017, the Defendant driven the said car without obtaining a driver's license from around 02:25 on September 23, 2017, and led the Defendant to make a right-hand bypass from the right-side to the opposite area.

In this case, a person engaged in driving service of a motor vehicle has a duty of care to take the front side and left side well and to accurately manipulate the steering gear and prevent accidents in advance.

Nevertheless, the Defendant neglected to do so and received a part of the victim C (60) driving from the four-distance room that was achieved by the Defendant’s negligence, which was directly facing the large area, to the large area. The lower part of the lower part of the victim C (60) was committed as the front part of the said car.

Ultimately, the Defendant suffered injury to the victim C, such as salt, tension, etc. of a shoulder that requires approximately three weeks of medical treatment due to the foregoing occupational negligence, and at the same time damaged the said taxi owned by the victim new transportation company to repair KRW 4,258,175.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against C;

1. A survey report on actual conditions;

1. The driver's license ledger;

1. A medical certificate;

1. Application of the written estimate statutes;

1. Article 3(1) and the proviso to Article 3(2)7 of the Act on Special Cases concerning the Settlement of Traffic Accidents under the relevant Act concerning criminal facts, Article 268 of the Criminal Act, Article 152 Subparag. 1, Article 43 of the Road Traffic Act, and Article 151 of the Road Traffic Act concerning traffic accidents (a point of damage to property on duty);

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of each alternative fine for punishment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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