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(영문) 대구지방법원 2013.09.27 2013고정869
교통사고처리특례법위반등
Text

Defendant shall be punished by a fine of three million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a BM car.

On July 10, 2012, the Defendant operated the said car without obtaining a driver's license on July 10, 2012, and operated the front road of the Daegu Suwon-gu Mangdong from the Mangn-gu Mangn-gu to three-lane from the Mangn-don-ro.

At the time, there are nights, and there are frequent vehicles, so in such cases, a person engaged in the driving duty has a duty of care to prevent accidents by driving safely through a safe driving while living well on the front side and the left side.

Nevertheless, the defendant neglected this and proceeded the three-lanes of the above three-lanes of the above three-lanes of the victim C(23 years old) driving in the same direction, and received the front part of the victim C(23 years old), behind the right side of the vehicle.

As a result, the Defendant caused the victim E (V, 47 years of age) who was on board the above vehicle driven by the Defendant due to the above occupational negligence, to suffer approximately three weeks of dynasium and tensions in the bones of wood, and at the same time damaged the above vehicle driven by the victim C by KRW 671,903 of the repair cost.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Each police statement of E and C;

1. A traffic accident occurrence report;

1. The actual condition survey report;

1. Registers of driver's licenses;

1. A medical certificate;

1. Application of the written estimate statutes;

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 151 and Article 152 subparagraph 1 and Article 43 of the Road Traffic Act concerning criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of an alternative fine for punishment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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