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(영문) 부산지방법원 동부지원 2015.11.26 2015고정1380
교통사고처리특례법위반등
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

1. Around June 23, 2015, the Defendant violated the Road Traffic Act (unlicensed Driving) (hereinafter “Road Traffic Act”), even after having been suspended from the driver’s license (from May 20, 2015 to June 28, 2015), the Defendant driven BYFststst and other automobiles, and driven approximately two km in front of the stadium at the new world department store located in Busan Shipping Daegu Do-dong, Busan.

2. The Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents, even if a car driver’s license was suspended on the said date, was driven by the said car, and the said car was driven by a three-lane road in front of the said yacht stadium, leading directly to two-lanes depending on the sea-going area from the sea-going slope.

At night, it was difficult to view the accident at night. In such a case, a driver engaged in driving of a motor vehicle has a duty of care to prevent the accident by properly operating the steering gear and steering gear.

Nevertheless, the Defendant was negligent in driving a vehicle while neglecting it, resulting in the Defendant’s injury to the victim C (the 57-year-old)’s YF Lata taxi behind the Defendant’s vehicle driving, resulting in the Defendant’s vehicle driving ahead of the Defendant’s vehicle. In short, the Defendant sustained the victim’s injury, such as catum salt, which requires treatment for about two weeks.

Summary of Evidence

1. Statement made by the defendant in this court;

1. Statement prepared by C on the occurrence of a traffic accident;

1. Statement of traffic accident report prepared by police;

1. Entry in the register of driver's licenses prepared by the police;

1. Each investigation report (a report accompanied by a copy of the registration and custody date) prepared by the prosecution;

1. To describe a copy of a medical certificate for C prepared by a doctor E;

1. Application of each film-related statute to images of the vehicle involved in an accident (Evidence No. 13 page);

1. Relevant legal provisions concerning criminal facts, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act that choose the penalty, Article 3 (1), the proviso to Article 3 (2) and Article 3 (7) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, and the choice of fines;

1. Article 37 of the Criminal Code among concurrent crimes.

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