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(영문) 창원지방법원 밀양지원 2020.06.11 2019고단279
교통사고처리특례법위반(치상)등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

1. Around June 22:24, 2019, the Defendant violated the Road Traffic Act (unlicensed driving) driving the BM5 vehicle without obtaining a driver’s license at the New Village-distance Intersection 35 SM5 (SM5).

2. The Defendant in violation of the Guarantee of Automobile Accident Compensation Act is a holder of BM5 car.

On June 8, 2019, around 22:24, the Defendant operated the said car without mandatory insurance at the new village distance intersection, which is located on the 35 Goyang-ro 2019.

3. The defendant is a person who is engaged in driving a vehicle BM5 vehicle.

On June 8, 2019, the Defendant driven the said SM5 car without obtaining a driver's license on June 22 and 24, 2019, and proceeded at a speed of about 50 km at the speed of 30 km from the narrow viewing room to the long-distance intersection at the speed of 35 km.

At the time, the vehicle driving signal has been changed to a stop signal, so in such a case, there was a duty of care to prevent collision with the previous vehicle by accurately operating the brake system with the driver.

Nevertheless, the Defendant was negligent in performing his duties while neglecting this and received the back part of the DM5 vehicle driving by the victim C(28 years of age) due to the occupational negligence.

Ultimately, the Defendant by occupational negligence inflicted injury on the victim C, such as “finites and tensions,” which requires approximately two weeks of medical treatment on the part of the Defendant, and suffered injury to the victim E (the 28 years of age) who is a passenger of the said SM5 car, such as finites and tensions for two weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to the traffic accident report, traffic accident-related photographs, the ledger of driver's license, each chassis, mandatory insurance, and medical certificates;

1. Relevant Articles 152 subparagraph 1, 43, and 43 of the Road Traffic Act concerning the facts constituting the crime; and

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