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(영문) 창원지방법원 진주지원 2018.03.30 2017고단942
교통사고처리특례법위반(치상)등
Text

Defendant shall be punished by a fine of KRW 7,000,000.

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 the business of driving CM3 motor vehicles.

On September 6, 2017, the Defendant driven the said car without a driver’s license on September 22:42, 2017, and proceeded from the shooting distance to the Cheongsi Hospital in the vicinity of the intersection of the apartment in a white way located in the ero of the Masan-si, Changwon-si, the members of the Changwon-si.

Since there is an intersection where signal lights are installed, there was a duty of care to drive safely in accordance with good faith while driving a person engaged in driving service.

Nevertheless, the Defendant neglected this and caused the Defendant to go to the port from the right side of the Defendant’s vehicle to the left side by his negligent negligence in contravention of the signal, and received the part of the Defendant’s driving car in front of the Defendant’s driving car.

Ultimately, the Defendant by occupational negligence inflicted injury on the victim D such as salt, tensions, etc. on the chills that need to be treated for about two weeks, and suffered injury to the victim F (F, 30 years of age) who is the passenger of the said EM car, for about two weeks of medical treatment, and for other proposals that need to be treated for about two weeks, and for other injury such as salt, tensions, etc. in the upper part.

Summary of Evidence

1. Statement by the defendant in court;

1. A photograph of an accident vehicle;

1. The driver's license ledger;

1. Written statements of D;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Article 152 subparag. 1 and Article 43 of the Road Traffic Act (unlicensed Driving) concerning facts constituting an offense, Article 3(1) and the proviso to Article 3(2)1 and 7 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act (a point on duty and on duty);

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

1. Selection of each alternative fine for punishment;

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the Act on Special Cases concerning the Settlement of Traffic Accidents with Heavy Punishment (Aggravation of concurrent Crimes under the Act on Special Cases concerning the Settlement of Traffic Accidents with Additional Punishment);

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

1. The Criminal Procedure Act of the Provisional Payment Order.

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