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(영문) 전주지방법원 2016.09.20 2016고정443
교통사고처리특례법위반등
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Defendant shall be punished by a fine of KRW 2,000,000.

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 who is engaged in driving a CP car.

On January 31, 2016, the Defendant driven the said car without a driver’s license on January 21, 2016, and made the left turn turn to the left turn at the right turn from the intersection of the E Hospital located in Seojin-gu, Seojin-gu, Seoul at the front of the E Hospital at the Jeonjin-gu.

In such cases, since there is an intersection where signal lights are installed, the driver of the motor vehicle has a duty of care to safely drive the motor vehicle according to the new code.

Nevertheless, the Defendant neglected this and went to the left by negligence in violation of the signal, and thereby driving by F, which is proceeding on the top of the left side of the said car at the seat of the Jin-dong square, in front of the left side of the said car.

The part of the back side of the Gh-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-

Ultimately, the Defendant, by the above occupational negligence, suffered from the victim H’s garment and tension of the bones of trees requiring approximately two weeks’ medical treatment, and at the same time damaged the Defendant’s repair cost equivalent to KRW 4,285,188, such as the exchange of the said flag-wing vehicle after the said flaging vehicle.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspect with respect to F;

1. Statement made by the police with H;

1. Reports on traffic accidents, and reports on the occurrence of traffic accidents;

1. The driver's license ledger;

1. A medical certificate;

1. Written estimate;

1. Application of statutes on site photographs;

1. Article 3(1), the proviso to Article 3(2)1 and 7 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act (the occupation of occupational and de facto injury), Article 151 of the Road Traffic Act (the occupation of damage to occupational and de facto injury), and Articles 152 subparag. 1 and 43 of the Road Traffic Act (the occupation of unlicensed driving) concerning criminal facts.

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