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(영문) 서울중앙지방법원 2017.02.10 2016고단9104
교통사고처리특례법위반등
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

On March 22, 2014, the Defendant driven a B car rental car without a driver's license on March 17:30, 2014, and continued to drive a four-lane road near the Incheon Gyeyang-dong 211-2 Seoul, the 211-2 Seoul, and the 4-lane road adjacent to the 201-2 Seoul, Seoul, at the speed of about 10km from the Kimpo-section to the front intersection.

At the time, the Defendant, prior to the same direction, was behind the victim C's car driven by the victim C, and in such a case, the Defendant, who drives a motor vehicle, had a duty of care to prevent the accident by accurately manipulating the steering gear and operating the steering gear and operating system with a thorough view to the right and the right and the right and the right and the right and the right.

Nevertheless, the Defendant found that the foregoing car was at the latest stopped by negligence that did not perform his duty at the time of the preceding week, and was operated on a sudden basis, but did not avoid the situation, and received the back part of the above car as the front part of the above car operated by the Defendant.

As a result, the Defendant suffered injury to the victim C and the victim E, who was on the top of the operation of the car at the same time, due to these occupational negligence, in need of approximately two weeks of treatment, such as salt, tension, etc.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. A traffic accident report;

1. 14 months after the traffic accident confirmation plan for driving without a license; and

1. A written investigation for accident receipt;

1. Inquiry into the partnership of the main office;

1. Investigation report (the administrative disposition and the summary order related to the grant of grounds for disqualification) and each summary order;

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

1. Subparagraph 1 of Article 152 of the Road Traffic Act and Article 43 (U.S. Driving without License) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 3 (1) and the proviso to Article 3 (2) 7 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act concerning facts constituting an offense;

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

1. Selection of each selective fine (the degree of traffic accident is minor and the degree of injury suffered by victims is minor).

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