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(영문) 춘천지방법원 강릉지원 2019.06.14 2019고단437
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. A person who violates the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) is a person engaged in driving freight B e-math 3.5 tons or more.

On April 4, 2019, the Defendant driven the above cargo without obtaining a driver's license on April 17, 2019, and led to the passage of the intersection of the 180 flow from the direction of the Gangseo Police Station to the intersection, which is located in Gangseo-si.

At all times, since the signal lights are not installed, the driver has a duty of care to reduce speed to the person engaged in driving service and to safely check the right and the right and the right and the right of the person engaged in driving service, and to secure a safe distance to avoid when the vehicle in the front is stopped in order to drive the vehicle.

Nevertheless, while neglecting this, the Defendant was negligent in driving the victim C(W, 45 years old) driving D Q3 AD car in the same direction as that of the Defendant’s cargo vehicle in the front direction, and was negligent in driving the victim’s vehicle in the nearest vicinity, thereby driving the victim’s vehicle at a temporarily stopped for a power failure, and received the part of the victim’s vehicle behind the passenger vehicle in front of the Defendant’s cargo vehicle.

As a result, the Defendant suffered a string of the double wall that requires approximately two weeks of medical treatment due to the above occupational negligence.

2. Violation of the Road Traffic Act (unlicensed Driving) was operated by the Defendant from the front road of the branch office of the Korea Electric Power Corporation located in Gangnam-si, 563 to the front road of the Korea Electric Power Corporation located in the same city with the same e-math 3.5 tons of cargo vehicles without obtaining a driver's license at a approximately 2 km section of the 180 km section from the e-math 3.5 tons of cargo vehicles.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. Reports on the occurrence of traffic accidents, reports on traffic accidents, and photographs of the scene of accidents;

1. Registers of driver's licenses;

1. Application of Acts and subordinate statutes of a medical certificate;

1. The proviso to Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents concerning criminal facts;

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