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(영문) 인천지방법원 부천지원 2017.09.22 2017고정780
교통사고처리특례법위반(치상)등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

1. The Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents is a person who is engaged in driving a vehicle in the amount of BM520

Defendant was in possession of around 10:50 on November 05, 2016

1 With knowledge that the ordinary driver's license has been revoked, the vehicle was driven by the driver, who is the second compact of the expressway 13 km.

In such a case, a person engaged in driving of a motor vehicle has a duty of care to accurately operate the steering direction and brake system of the motor vehicle, and to safely drive the front side and the right and the right and the right of the motor vehicle, thereby preventing accidents from occurring.

Nevertheless, the victim C(54 tax No. 54) who is driving on the right side of the proceeding direction due to negligence was placed in the front part of the vehicle being driven by the victim C(54 tax).

Defendant 1 suffered salt, tension, etc. in need of medical treatment for the next three weeks by negligence in the course of business as above.

2. The Defendant in violation of the Road Traffic Act damaged the damaged vehicle’s repair cost amounting to KRW 4,184,00 due to occupational negligence, such as paragraph (1).

3. A defendant who violated the Traffic Act (unlicensed driving) on November 05, 2016, was in possession of himself/herself around 0:40 on November 10, 2016.

1 Even though the ordinary license was revoked, the area of about 20 km was driven at approximately 12.5 km in Yeonsu-gu Incheon Metropolitan City from the 2nd Gyeong-dong to the 12.5 km.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. A traffic accident report and the ledger of driver's licenses for motor vehicles;

1. Application of the Acts and subordinate statutes of a medical certificate, estimate, or damaged photograph;

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 the facts constituting an offense, Article 268 of the Criminal Act (the occupation of a person on duty and on duty due to a traffic accident), Article 151 of the Road Traffic Act (the occupation of an occupational and on duty property damage) and Articles 152 Subparag. 1 and 43 of the Road Traffic Act (the occupation of a person without a license);

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents and the damage of property caused by occupational and actual damage).

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