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(영문) 전주지방법원 군산지원 2017.01.11 2016고단769
교통사고처리특례법위반(치상)등
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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

1. The Defendant is a person who is engaged in driving a vehicle B K5 in light of the Act on Special Cases concerning the Settlement of Traffic Accidents.

On July 15, 2016, the Defendant driven the above car at around 16:35, and driven the front of the D road at the time of Gunsan along the two-lanes between the two-lanes in the direction of the distance of navigation within the port of the Dong market.

At the time of the defendant's running ahead of the lane, the FM7 passenger cars driven by the victim E (61) are driving. In such a case, the driver of the vehicle has a duty of care to thoroughly operate the steering gear and the steering gear to properly operate the steering gear in order to prevent the vehicle in front and in the front.

Nevertheless, the Defendant did not obtain a driver's license for a motor vehicle, and was negligent in proceeding while neglecting the front line of the motor vehicle, and took part of the back part of the said SM7 motor vehicle as the front line of the motor vehicle owned by the Defendant, thereby causing injury to the victim, such as salt, tension, etc. for about two weeks in need of medical treatment.

2. On the day specified in paragraph 1 above, Defendant 1 driven B K5 cars without obtaining a driver’s license from the front side of the Eastern Market located in the Si, Gun, and Jung-si, Si, Si, Gun, Busan, to the point of the accident of paragraph 1 above.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. The actual survey report and on-site photographs;

1. The driver's license ledger;

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

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. former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (to the extent that the aggregate of the amounts of fines prescribed for both crimes is aggregated);

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

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