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(영문) 춘천지방법원 속초지원 2013.11.06 2013고정182
교통사고처리특례법위반등
Text

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

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On October 26, 2010, the Defendant was sentenced to 8 months of imprisonment with prison labor due to the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death and Injury resulting from Dangerous Driving) and 2 years of suspended execution in the Seocho District Court's Seocho Branch on October 26, 2010, and was engaged in the operation of Cirst motor vehicles.

1. On September 15, 2010, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (hereinafter “Special Cases Concerning the Settlement of Traffic Accidents”) was driving the said car and driving it on the roads in front of the agricultural cooperative in the Seocho-si and Seocho-si.

In such cases, a person engaged in driving of a motor vehicle has a duty of care to ensure that he/she well sees the left and left well and safely.

Nevertheless, without obtaining a driver's license, the defendant's negligence while driving without neglecting the driver's license, and led the victim D (Nam and 51 years old) who is standing in the same lane on the front side of the same lane and brought about the back part of the vehicle to the front part of the defendant's vehicle.

Therefore, the above victim suffered injury, such as salt, tension, etc. of the bones of neck, which requires medical treatment for about two weeks, due to negligence in the above business.

2. On September 8, 2010, the Defendant is driving the said vehicle without obtaining a driver’s license in the section of approximately five kilometers from the front side of the passenger-owned land located in Choyang-dong, Seocho-si, Seocho-si on September 14:45, 2010 to the front side of the elementary road located in the Seocho-si, Seocho-si, 15:15 on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. Registers of driver's licenses (registration No. 16 pages);

1. A copy of the current status of payment of insurance proceeds, copy of accident investigation report, copy of accident receipt book, and each medical record;

1. Investigation report (verification of personal injury);

1. Previous records of judgment: Criminal history records, reply reports and application of Acts and subordinate statutes of one written judgment;

1. Article 3(1) and proviso of Article 3(2)7 of the Act on Special Cases Concerning the Settlement of Traffic Accidents (Amended by Act No. 10575, Apr. 12, 201); Article 268 of the Criminal Act; and the former.

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