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(영문) 서울북부지방법원 2016.11.10 2015고정2218
교통사고처리특례법위반등
Text

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

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

Reasons

Punishment of the crime

1. The Defendant in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents is a person who drives a vehicle of Mongolia owned by himself/herself.

At around 19:00 on March 18, 2015, the Defendant driven the above vehicle at a speed of about 20km from the long-distance border to the military direction in the direction of the military, along the five-lane along the five-lanes, while driving the vehicle on the five-lane road in the Gun Trido as Dongdaemun-gu Seoul, Dongdaemun-gu.

In such cases, the driver of a motor vehicle shall accurately operate the steering system, brakes, and other devices of the motor vehicle, and has a duty of care to prevent accidents in advance by safely reporting the traffic situation.

Nevertheless, the defendant neglected to do so and neglected to do so.

The victim C (the age of 34) driven by the failure to secure the safety distance due to the negligence of securing the safety distance, led the driver behind the DMW vehicle driven by the victim C(the age of 34) to the front driver of the vehicle.

Accordingly, the Defendant, by negligence in the course of performing his duties, sustained injury to the victim C(34 years of age) and the victim E(33 years of age) who was on the top of the victim’s vehicle, which requires approximately two weeks of medical treatment.

2. The Defendant violated the Road Traffic Act (unlicensed driving) at the time and time set forth in paragraph (1) of this Article, driving a vehicle owned by Seongdong-gu Seoul Metropolitan Government from the king of Seongdong-gu to the Gun Twitner, Dongdaemun-gu, and driving the vehicle without a driver's license at approximately 2 km section.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. A written statement of the occurrence of a traffic accident C;

1. E statements;

1. The ledger of driver's licenses (No. 14 No. Serials of evidence);

1. Each written diagnosis;

1. On-site and vehicle photographs;

1. Application of the statutes governing the actual condition of traffic accidents;

1. Article 3 (1), the proviso of Article 3 (2) and Article 7 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268, subparagraph 1 of Article 152 and Article 43 of the Criminal Act concerning facts constituting an offense;

1. Trade name;

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