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(영문) 춘천지방법원 강릉지원 2015.04.01 2015고정86
교통사고처리특례법위반
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Defendant shall be punished by a fine of KRW 1,500,000.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

The defendant is a person engaged in driving a passenger car by borrowing C.

At around 1:50 on July 31, 2009, the Defendant driven the instant vehicle at a speed of about 40 km from the south comprehensive commercial area of the Republic of Korea, without obtaining a driver’s license, while driving the said vehicle at a speed of about 40 km from the south comprehensive commercial area.

Since the location is a place where traffic is not controlled, in such a case, a person engaged in driving service has the duty of care to check whether there is a vehicle crossing by reducing the speed or temporarily suspending the vehicle and drive the vehicle.

Nevertheless, the Defendant neglected this and got the front part of the Defendant’s vehicle in front of the front part of the victim F (the 49 years old, south) driving, who entered the intersection on the left side of the moving direction (the road with a wide width) due to the negligence of proceeding.

As a result, the Defendant suffered from the injury to the Ha (the 59-year old, female) of the victimized vehicle He (the 59-year old, the 59-year old, and the injury to the Ha (the 46-year old, the 46-year old, the female) in need of treatment for about one week.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Statement on the occurrence of a traffic accident (I, H);

1. Application of the actual condition survey report, payment statement of insurance proceeds (H and I), and statutes on the register of driver's licenses;

1. Article 3 (1) and the proviso of Article 3 (2) and 3 (7) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the relevant criminal facts, Article 268 of the Criminal Act, the selection of fines;

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

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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