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(영문) 대전지방법원 2014.04.08 2014고단736
교통사고처리특례법위반등
Text

Defendant

A A shall be punished by a fine of KRW 600,000 and by a fine of KRW 300,000.

The above fines are imposed by the Defendants.

Reasons

Punishment of the crime

1. On December 1, 2013, at around 21:10, the Defendant, at around 21:10, proceeded with the EKaren motor vehicle from the direction of the old mother distance to the direction of the old mother line, by neglecting his duty of care to drive safely in accordance with the new subparagraph, while driving the EKaren motor vehicle on the side of the old mother line, which is the opposite lane, along the opposite lane, in the direction of the ideology distance, from the direction of the old mother distance, which is the opposite lane, in violation of the signal.

On the part of the victim B (the age of 28) with no license plate for driving of the victim B (the age of 28) with a direct driving signal, the front part of the large CT100 Orala was received as the front part of the vehicle, and suffered about two weeks from the victim's multiple diversal base for the vehicle.

2. On December 1, 2013, Defendant B, without obtaining a driver’s license, driving a mandatory insurance policy at around 21:10, 2013, Defendant B, without purchasing a mandatory insurance policy, driven a large-scale CT100 obba with approximately 1 km up to the same lane as that of the Kupo-dong, Seopo-dong, Busan.

Summary of Evidence

1. Defendants’ respective legal statements

1. Notification of detection of non-registration of two-wheeled automobiles;

1. Application of Acts and subordinate statutes of a medical certificate;

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

(a) Defendant A: Article 3(1) and the proviso to Article 3(2)1 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act (Selection of Fine)

B. Defendant B: Article 154 Subparag. 2 and Article 43 of the Road Traffic Act (the point of driving without a license), Article 46(2)2 of the Guarantee of Automobile Accident Compensation Act, the main sentence of Article 8 (the point of operating vehicles which are not mandatory insurance), and the selection of fines, respectively.

1. Defendant B from among concurrent crimes: former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Defendants to be detained in a workhouse: Articles 70 and 69(2) of the Criminal Act;

1. Defendants of the provisional payment order: Reasons for sentencing under Article 334(1) of the Criminal Procedure Act

1. Defendant A’s minor damage, mandatory insurance, victim’s non-influence to punishment, and after 2005, there is no record of criminal punishment regarding imprisonment without prison labor or traffic.

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