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(영문) 수원지방법원 성남지원 2019.01.31 2018고단2272
교통사고처리특례법위반(치상)등
Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a K3 car.

On August 17, 2018, at around 06:50 on August 17, 2018, the Defendant driven the said car while the driver’s license was revoked, and led the Defendant to drive the said car in accordance with the said one-lane of the road in the direction of the Guri-ri in the direction of the direction of the mountain.

In such a case, a person engaged in driving service has a duty of care to safely operate by accurately operating the steering and steering system.

Nevertheless, the Defendant neglected to do so and led the victim C(40 years of age and C) to drive the back part of the DMF5 car driven by the victim C(5 years of age and C) in the front part of the car driven by the Defendant, and due to its shock, the above SMF5 car was pushed forward to the front part of the car driven by E, thereby getting the back part of the F-tho vehicle driven by E as the front part of the 5 car.

As a result, the Defendant suffered from the Defendant’s scopic scopic scopty that requires approximately two weeks of medical treatment due to the occupational negligence above.

Summary of Evidence

1. Defendant's legal statement;

1. C's statement on the occurrence of traffic accidents;

1. A traffic accident report;

1. Registers of driver's licenses;

1. A medical certificate;

1. Application of Acts and subordinate statutes to photographs of accident vehicles;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) and proviso of Article 3 (2) and (7) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act, subparagraph 1 of Article 152 of the Road Traffic Act, Articles 152 and 43 of the Road Traffic Act, and selection of fines;

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

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act, even though the Defendant was under suspension of execution, he/she was driving without a license, and the driver’s license was revoked on January 18, 2018.

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