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(영문) 창원지방법원 2020.09.10 2020고단2222
교통사고처리특례법위반(치상)등
Text

Defendant shall be punished by a fine of KRW 6,000,000.

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

Reasons

Punishment of the crime

On February 26, 2015, the Defendant was sentenced to three years of suspension of execution on March 25, 2016 by imprisonment without prison labor for a violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents, and was sentenced to four months of a violation of the Road Traffic Act at the Changwon District Court on March 25, 2016, and the judgment on August 19, 2016 became final and conclusive, and the sentence of suspension of execution was invalidated. The Defendant was exempted from the execution of remaining sentence on April 18, 2018 in the Daegu Prison.

1. Around June 22, 2020, the Defendant violated the Road Traffic Act (free license) driving of a vehicle at a section of about 50 meters from the road in C front in Kimhae-si, Kimhae-si, to E front in Kimhae-si, without obtaining a driver’s license.

2. The defendant is a person who is engaged in driving service of F-wing and third cargo vehicles.

On June 22, 2020, at around 09:35, the Defendant driven the said car without obtaining a driver's license, and stopped in accordance with the new subparagraph on the front road located in D at Kimhae-si.

In such cases, there was a duty of care to prevent accidents, such as making a person engaged in driving of a motor vehicle well boom, accurately operating the steering gear and operating the steering gear, etc.

Nevertheless, the Defendant, as stated in the above Paragraph 1, failed to operate the brakes properly without obtaining a driver's license and did not operate the brakes properly, and caused the back portion of the victim G (V, 45 years old) driving in the direction of the said cargo vehicle by negligence, which was in progress at the bend.

Ultimately, the Defendant suffered injury to the victim due to the above occupational negligence, such as cerebrovasil, in which there is no room to treat the victim for approximately three weeks open.

Summary of Evidence

1. The report on the occurrence of traffic accidents by the police on the defendant's legal statement G, the actual situation investigation report, the medical certificate, and the medical certificate.

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