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(영문) 부산지방법원 2017.05.25 2016고정4289
교통사고처리특례법위반등
Text

Defendant shall be punished by a fine of KRW 2,000,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Criminal facts

1. The Defendant in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents is a person engaging in driving a Brane car.

On May 26, 2010, the Defendant driven the said car without obtaining a driver's license from around 10:40 on May 26, 2010, and led the Defendant to drive the said car along the intersection in front of the DNA telecom in Busan, Seo-gu C from the right side of the road.

Since there was a frequent traffic intersection, the driver had a duty of care to live well on the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and duty

Nevertheless, the Defendant neglected this and went to the transformation station from the Mara church due to negligence, and was driven by the victim E (43 tax) who was going to the transformation station. The Defendant was driven by the Fbeer car driver's seat in front of the car.

Ultimately, the Defendant suffered injury to the victim, such as finite finites, in need of approximately three weeks of medical treatment, due to such occupational negligence.

2. The Defendant violated the Road Traffic Act (unlicensed Driving) driving a Ba-do car without obtaining a driver's license from the section of about 1 km up to the 3rd intersection in the light of the mutual influoral fishing in the city of Seo-gu, Busan, Busan, at the time indicated in paragraph (1).

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement on the occurrence of traffic accidents;

1. Application of Acts and subordinate statutes to the investigation report on the actual condition of traffic accidents, diagnostic certificate, and the ledger of driver's licenses;

1. Relevant Article 3(1) and the proviso to Article 3(2)7 of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Punishment, Article 268 of the Criminal Act, Article 152 Subparag. 1 and 43 of the Road Traffic Act, the selection of fines for each crime;

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

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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