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(영문) 부산지방법원 2014.05.02 2014고단383
교통사고처리특례법위반등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. Around September 17:00 on September 17, 2013, the Defendant driven a Cpoter ckib vehicle without a vehicle driver’s license in a section of about 65 km from the direction of the Ecubel in the territory of Gyeong-gun, Chungcheongnam-gun, Busan, to the point of 3km in the central highway located in 1-dong, Busan, Gangseo-gu to the point of 3km in the Busan, Gyeong-do.

2. On September 17, 2013, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents: (a) driven the said vehicle without a driver’s license; and (b) driven the said vehicle at around 30km from the middle quarter of the central highway located in the 1-dong Busan Gangseo-gu Busan Metropolitan City to the Busan Metropolitan City At the speed of about 30km.

In such a case, the driver of a motor vehicle shall accurately operate the steering system, brakes and other devices of the motor vehicle, and shall not drive the motor vehicle at such speed or in such a manner as to inflict any danger and injury on others according to the road traffic conditions and the structure and performance of the motor vehicle, and has a duty of care to prevent accidents by driving the motor vehicle in advance by safely examining the traffic situation in front.

Nevertheless, the Defendant neglected to drive the vehicle and caused the injury to the victim D, who was frightened with the central separation unit due to the front part of the above vehicle, such as the damage of the number of brooms that require approximately 32 weeks of treatment, and the injury such as the cage of cage cages that require approximately 4 weeks of treatment to the victim E, the same passenger E.

Summary of Evidence

1. Defendant's legal statement;

1. A driver's license register and an accident scene photograph;

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

1. Article 3 (1) and the proviso of Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents by Relevant Acts concerning criminal facts, Article 268 of the Criminal Act, subparagraph 1 of Article 152 of the Road Traffic Act, and Article 43 of the Road Traffic Act;

1. Article 40 and Article 50 of the Criminal Code are more severe for victims D.

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