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(영문) 대구지방법원 2014.06.25 2014고정787
교통사고처리특례법위반등
Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

The defendant is a person who drives a cream car in B.

1. On March 4, 2010, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents, while driving the said vehicle without a driver’s license on March 16, 2010, and driving forward the front of a neighboring pharmacy in the Daegu hydro-gu Masan-dong, Daegu, into the two o-distance distance distance from the Nesan-gu.

In such cases, a driver has a duty of care to prevent accidents by accurately operating the steering direction and brakes well, and to prevent accidents.

Nevertheless, the Defendant neglected to do so and negligently driven a D-business taxi operated by the victim C while driving it as it is, due to the negligence, received the part behind the Defendant’s driver’s vehicle in front of the Defendant’s driver’s vehicle, and due to the shock, received the part behind the Defendant’s driver’s vehicle in front of the above cab, which the victim E (the age of 41) drives.

Ultimately, the Defendant suffered injury to the victim E, such as catitis, which requires approximately two weeks of medical treatment due to occupational negligence as above.

2. Violation of the Road Traffic Act (Free Driver’s License) set forth in paragraph (1) of this Article, the Defendant driven the said car at a section of about 300 meters from the front day of the Dogsan Security Center located in Daegu Suwon-gu, 1dong, to the front day of the East Asian Sports in the same Dong without a driver’s license.

Summary of Evidence

1. Defendant's legal statement;

1. The application of Acts and subordinate statutes to the report on the occurrence of traffic accidents, the actual condition survey report, E, the medical certificate of injury, and the register of driver's license (the investigative record No. 7

1. Article 3 (1), the proviso of Article 3 (2) and Article 3 (7) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to Relevant Acts and Special Cases concerning the Selection of Punishment, Article 268 of the Criminal Act, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act (the point of unauthorized Driving);

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 and 69(2)1 of the Criminal Act for the detention of a workhouse;

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