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(영문) 광주지방법원 2014.05.08 2014고정80
교통사고처리특례법위반등
Text

Defendant shall be punished by a fine of KRW 1,500,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant is a truck driver of BRano (4.5 tons) owned by the Defendant. A.

On 15:40 on 2, 2011, the Defendant driven the said vehicle as his duties without a driver’s license, and led to moving the front road of the Seo River SK station located in the Newdong of Gwangju Mine-gu to the New Hospital at the right dong-dong.

In such cases, since there is a frequent traffic intersection, there was a duty of care to check and proceed with the traffic situation of the intersection as well as the temporary stop or slowly prior to the entry of the right line.

Nevertheless, due to an error of neglect, the part on the right side of the victim C(n, 41 years old) driving, which is under way to the right side from the left side of the proceeding direction, was shocked by the driver of the vehicle of the defendant driving.

The Defendant, due to the above mistake, suffered salt, tensions, etc. from the victim in need of treatment for about two weeks.

B. The Defendant above A.

At the time and time stated in the port, BRano (4.5 tons) driving a freight vehicle without a 5-km car driver's license from the front side of the secondhand water surface in Gwangju Mine-dong to the front side of the building in the same Gu.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police suspect interrogation protocol against the accused;

1. The actual survey report and the investigation report (as regards the location of the accident)

1. Registers of driver's licenses;

1. Application of Acts and subordinate statutes to photographs related to accidents;

1. Article relevant to the facts constituting an offense and the selection of punishment;

(a) Injury caused by occupational negligence: Article 3 (1), proviso to (2) 7 of the Act on Special Cases concerning the Settlement of Traffic Accidents, and Article 268 of the Criminal Act;

(b) Unlicensed driving: Subparagraph 1 of Article 152 and Article 43 of the former Road Traffic Act (Amended by Act No. 10790, Jun. 8, 201)

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

1. It is so decided as per Disposition on the grounds of Articles 70 and 69(2) of the Criminal Act or more;

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