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(영문) 대전지방법원 2016.12.16 2016고단3419
교통사고처리특례법위반(치상)등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

On September 18, 2015, the Defendant was sentenced to a suspended sentence of two years on October 10 to imprisonment for violating the Road Traffic Act (unlicensed Driving) at the Daejeon District Court on September 18, 2015, and the judgment became final and conclusive on May 28, 2016.

1. The defendant is in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury).

On March 14, 2014, the Defendant driven the above cargo without obtaining a driver's license on March 18, 2014, and proceeded at a speed of about 40km per hour from the luminous side along the three-lane road in Daejeon U.S. D. along the two-lanes to the new intersection.

At this point, there was an intersection where signal lights are installed, so in such a case, the driver had a duty of care to reduce the speed and to safely drive the signal in accordance with the signals and prevent the accident in advance.

Nevertheless, the Defendant neglected to do so, and instead, was driven by the victim F.F.(38 years of age) who was stopping in line with the stop signal at the bend margin due to the negligence of the Defendant’s failure, and received the part behind the G Poter’s freight vehicle, which was driven by the Defendant, in front of the cargo vehicle.

As a result, the Defendant suffered injury to the victim due to the above occupational negligence, such as cerebral cerebral le, which is not known in detail that requires treatment for about two weeks.

2. The Defendant violated the Road Traffic Act (unlicensed Driving) driving at the time and place specified in paragraph (1) without obtaining a driver’s license.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by the police officer on F;

1. Descriptions of a medical certificate;

1. Entry into the register of driver's licenses;

1. Application of the provisions of Acts and subordinate statutes stated in the investigation report (Attachment of written judgments concerning latter and competition of suspects);

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

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