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(영문) 서울북부지방법원 2015.03.19 2015고정130
교통사고처리특례법위반등
Text

Defendant shall be punished by a fine of 2.5 million won.

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

Reasons

Punishment of the crime

On July 4, 2014, the Defendant, without a driver's license, driven a Bchier car on July 4, 2014, and driven a four-lane road in front of the 262-lane to the head of Dongdaemun-gu Seoul, Seoul, along the long-distance distance from the border to the long-distance.

At the time, there is a night and a place where the center line of the yellow-ray is installed, so in such a case, the driver of the motor vehicle has a duty of care to thoroughly operate the motor vehicle on the front-time stop and to safely drive the motor vehicle in a safe manner.

However, as the Defendant neglected the above duty of care, the front portion of the D Bus driven by the victim C(37 years of age) who was driven by the opposite lane due to the negligence over the center line was in front of the left side of the vehicle of the Defendant.

The Defendant, by such occupational negligence, sustained injury to the victim C, such as brain salvy in detail as having no open address for about three weeks, injury to the victim E (V, 40 years of age) on board the damaged vehicle, such as salvous salt sale, etc. requiring treatment for about two weeks, injury to the victim F (V, 20 years of age) on board the Defendant’s vehicle in need of treatment for about two weeks, and injury to the victim F (V, 20 years of age), such as salt salvums, tensions, etc. in need of treatment for about two weeks, and injury to the victim G (V, 19 years of age) on the same vehicle in need of treatment for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement about H;

1. Each written statement of C, E, and G;

1. Each written diagnosis (C, E, F, G);

1. Registers of driver's licenses;

1. Application of the actual survey report on traffic accidents and photographs related to accidents;

1. Article 3 (1) of the Act on Special Cases concerning the Handling of Traffic Accidents applicable to the facts constituting the crime, Article 268 of the Criminal Act, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act (a point of driving without a license);

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

1. Selection of an alternative fine for punishment;

1. The former part of Article 37 of the Criminal Code and Article 38 of the Criminal Code among concurrent crimes.

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