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(영문) 광주지방법원 2021.02.04 2019고단4900
교통사고처리특례법위반(치상)등
Text

Defendant shall be punished by a fine of 12 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a B car 2 car.

On April 11, 2019, the Defendant driven the said car without a driver’s license on April 11, 2019, while driving the said car and driving the two-lanes in front of the “D” located in Seo-gu Seoul, Seo-gu, Gwangju, with the two-lanes from the e Hospital to the E Hospital.

Since there is an intersection where signal lights are installed, there was a duty of care to accurately operate steering devices and brakes and safely drive them in accordance with signals and to prevent accidents in advance.

Nevertheless, due to the negligence of neglecting this, the Defendant was found to have been in front of the Defendant’s driving vehicle, which was driven by the Victim F(46) who was stopped for the signal waiting at the front direction of the Defendant’s proceeding.

Ultimately, the Defendant suffered, by such occupational negligence, the injury to the victim F, such as salt and tensions that need to be treated for about two weeks, and the victim H (V, the passenger of the said car) who is the passenger of the said car, suffered about two weeks of light clocks and tensions that need to be treated, respectively.

Summary of Evidence

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. The driver's license ledger;

1. Application of Acts and subordinate statutes of (F) and (H);

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

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. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is that the defendant repeats the crime of unauthorized driving through a short period, and the defendant is driving without a license.

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