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(영문) 대구지방법원 2014.05.23 2014고정615
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 engaging in driving a vehicle at the horse at B.

On November 8, 2013, the Defendant driven the above vehicle without a driver's license on November 10, 2013, and made the left turn to the left turn on a quid pro quo by using a two-lane at the intersection where the traffic is controlled by the front signal apparatus of the above school while driving the national highway No. 4 in front of the Geumyang-si in Busan Metropolitan City.

In such cases, a person engaged in driving of a motor vehicle has a duty of care to turn to the left at the center of the intersection when driving the motor vehicle according to the center line of the road in advance and using the center inside the intersection.

Nevertheless, the Defendant received the left part of D'(55) driving at the victim C(55 years old), which was left left at a two-lane of the same room at the same time as the left part at the center of the left part from a one-way left part, as the front part of the Defendant’s vehicle’s right part.

As a result, the Defendant suffered from the Defendant’s negligence in the course of performing the above duties, which requires approximately four weeks of medical treatment.

2. Violation of the Road Traffic Act (Free Driver’s License) driving of the said vehicle by the Defendant, without a driver’s license for temporary bordering as referred to in the above paragraph (1), up to a 300-meter distance ahead of the consideration in front of the Sejong-Eup Hawyang-si in the border.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A medical certificate;

1. Application of the statutes on the register of driver's licenses;

1. Relevant provisions of Article 3 (1), proviso of Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, subparagraph 1 of Article 152 of the Road Traffic Act, and Article 43 of the Road Traffic Act concerning criminal facts, the selection of fines, respectively;

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

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

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