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(영문) 광주지방법원 2016.09.08 2016고정605
교통사고처리특례법위반등
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of a car in CM520.

On February 8, 2016, the Defendant: (a) driven the said car without obtaining a driver’s license on February 14, 2016; (b) driven the said car; and (c) proceeded on the Emart front of the Emart located in Gwangju Southern-gu along the monthly parallel from the central intersection to the monthly intersection; and (d) stopped at the accident place, and started the vehicle at a speed that would not be known again.

Since there are frequent traffic of vehicles, the driver of the vehicle has a duty of care to prevent accidents in advance by accurately manipulating the front, rear, left, and left while starting the vehicle again, and properly manipulating the steering and brakes.

Nevertheless, the Defendant did not avoid G OEba driven by the victim F (F, South, and 61 years old) who was in the same direction due to negligence while neglecting this, and received the above part adjacent to the right side of the OEba in front of the left side of the Defendant’s car.

Ultimately, the Defendant suffered injury to the victim, such as brain salvin, which requires medical treatment for about two weeks due to such occupational negligence.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness F;

1. A traffic accident report (1) (2);

1. Report on the occurrence of a traffic accident;

1. A medical certificate;

1. Registers of driver's licenses;

1. The Defendant asserts that there was no negligence on his part regarding the instant traffic accident, since the victim had already entered the lane and stopped the vehicle.

However, the following circumstances acknowledged by each of the above evidence, i.e., the victim testified in this court that the victim "at the time he was driving in normal conditions, the defendant's vehicle was driving ahead of the defendant's car, and the defendant's vehicle was driving at the time of collision," and ii) the witness of the above traffic accident reported 112.

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