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(영문) 광주지방법원 2014.04.24 2013고정2643
교통사고처리특례법위반등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a motor vehicle by borrowing the motor vehicle.

On November 26, 2013, the Defendant, without obtaining a driver's license of the said car at around 10:35 on November 26, 2013, was driving the said car, and the Seongbuk-do distance in the Sungbuk-dong at the time of Naju, bypassing it to Gwangju-do air protection area, and entered it to 1st line of the YY-UB national highways.

The above intersection has a signal apparatus, and at the time, the signal was sent directly to Gwangju metropolitan direction, so in such a case, a person engaged in driving of a vehicle has a duty of care to make sure whether there was a vehicle driving the said national highway under the new subparagraph before entering the national highway by bypassing the vehicle and by driving the vehicle on the national highway, and then safely bypassing the vehicle.

Nevertheless, the Defendant, without examining well whether there is a vehicle directly driving on the national highway, by bypassing it as it is, and by the negligence of entering the national highway, caused E, a DPoter truck driver, who is the driver of the DW truck driving on the two-lanes of the national highway in the direction of Gwangju in order to avoid a collision with the Defendant’s vehicle moving on the right side, immediately operate the steering gear with one-lane in order to avoid a collision with the Defendant’s vehicle moving on the right side, and as a result, the Defendant, on the left side of the said cargo loaded on the said cargo vehicle, had the victim F(34 years old), who proceeded on the one-lane of the national highway, get the front side of the right side of the said national highway.

The Defendant caused the foregoing traffic accident and caused the shock to cause the victim to suffer a tension, tension, etc. in need of treatment for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police suspect interrogation protocol against the accused;

1. Each statement made by the police officer in relation to E and F;

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

1. The register and certificate of driver's license;

1. Application of Acts and subordinate statutes on site photographs;

1. Relevant Article of the Acts concerning facts constituting an offense and the Act on Special Cases concerning Settlement of Traffic Accidents:

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