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(영문) 광주지방법원 순천지원 2016.05.25 2016고정136
교통사고처리특례법위반등
Text

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

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a car in B, the test.

On November 25, 2015, the Defendant driven the said car without obtaining a driver's license at around 17:00, and stopped at the intersection of the D three-lane road located in C at the time of leisure, the Defendant changed the course to one-lane in order to drive the said car at the seat of the three-lane intersection.

Since there is a three-lane road near a three-lane intersection within the Corporation, the driver of the motor vehicle has a duty of care to inform the person engaged in driving the motor vehicle of the direction of the change by the hand or direction before and after the change of the lane for the internship, and to make the situation of traffic on the front and rear side and right side, and to change the lane safely.

Nevertheless, the defendant neglected this and did not notify the change of direction, and caused the change of the lane from each point of intersection to one lane of intersection, which led to the change of the lane from each point of intersection to one lane of intersection at the IC room for dissolution, and the part of the Fccart cargo driving of the victim E (38 S) which was proceeding along one lane at the middle wharf of the IC room for dissolution, was shocked with the upper part above the left side of the vehicle of the defendant driving.

Defendant 2 suffered injury to the victim, such as salt dynasium, tension, etc. in need of approximately two weeks of treatment due to such occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A report on the occurrence of a traffic accident (1 beams) and a report on a traffic accident (1st report on actual condition);

1. Photographs of the place of the accident, and black and video photo of the damaged vehicle;

1. A medical certificate;

1. Application of Acts and subordinate statutes to the ledger of driver's licenses;

1. Relevant Article 3 (1) and the proviso to Article 3 (2) 7 of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, Article 268 of the Criminal Act (a point of causing occupational negligence), Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (a point of driving without a license), and the selection of fines;

1. The former part of Article 37 of the Criminal Act, Article 38(1)2 of the Criminal Act, and Article 50 of the Act on the Aggravation of Concurrent Crimes.

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