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(영문) 의정부지방법원 2014.11.07 2014고단2789
교통사고처리특례법위반등
Text

Defendant shall be punished by a fine of KRW 8,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant is a person engaging in driving a rocketing car.

On April 24, 2014, the Defendant driven a rocketing car without obtaining a driver's license on a motor vehicle on April 16:30, 2014, and led to the progress of the roads in front of the Young-Jin steel products located in the Gyeonggi-gu, Gyeonggi-do, Gyeonggi-do.

Since the place has a center line of yellow solid lines, there was a duty of care for those engaged in driving of motor vehicles to observe the tea line and to drive safely.

Nevertheless, while neglecting this, the Defendant was negligent in driving the victim D(31 years old) driving at the front side of the Defendant’s car, and was affected by the median line in order to overtake the vehicle of the victim D(31 years old) driving at the front side of the Defendant’s car, as well as the left left-hand turn to the Defendant’s freight vehicle beyond the median line, and received the front left-hand part of the Defendant’s car.

Ultimately, the Defendant suffered injury to the victim due to the above occupational negligence, i.e., the left-hand leged salt, etc. which requires medical treatment for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Grade D of the police interrogation protocol against the defendant

1. Written statements prepared in D;

1. A traffic accident report;

1. A medical certificate (D);

1. An accident site;

1. Application of the statutes on the register of driver's licenses;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents in the Selection of Punishment, Article 268 of the Criminal Act, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act (the point of driving without a license and the selection of fines);

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

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The defendant, on August 22, 2013, under Article 334(1) of the Criminal Procedure Act, was sentenced to imprisonment with prison labor for the crime of violating the Act on the Protection of Children and Juveniles against Sexual Abuse and drinking alcohol during the suspended period.

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