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(영문) 부산지방법원 동부지원 2018.10.10 2018고단1346

교통사고처리특례법위반(치상)등

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A defendant shall be punished by imprisonment for not more than six months and a fine not exceeding 300,000 won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

1. The Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) driving 125 cc Obaon, which had no number plate around 16:30 on April 15, 2018, led the Defendant to drive the 125 cc c leba in the direction of the public parking lot located near Busan Shipping Daegu B, Busan, to proceed to the direction of the head of the national bank in the direction of the public parking lot located near Busan, Daegu.

The defendant is a driver of the above motor vehicle parking system, and there is a crosswalk that has no signal apparatus installed at the front side of the road at a one-lane, so the defendant has a duty of care to protect pedestrians so as not to cause any accident, such as stopping in front of the crosswalk, by accurately operating the steering gear and brake system by examining whether there is a pedestrian or not.

Nevertheless, the defendant neglected the above duty of care and caused the victim C (A, 46 years of age) who is a pedestrian who passed the crosswalk with the bicycle going beyond the above motor device, due to negligence, and caused the victim to suffer approximately six weeks of treatment, and caused the victim to suffer a closed frame of an abstin which requires approximately six weeks of treatment.

2. Violation of the Road Traffic Act (unlicensed Driving), and violation of the Guarantee of Automobile Compensation Security Act, the Defendant, at the same time and place as the above paragraph 1, was driving a motor device 125cc c obb, owned by the said Defendant, who did not obtain a mandatory insurance without obtaining a bicycle driver’s license.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident occurrence report;

1. A screen of photographs at the scene of an accident and CCTV images suspended;

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

1. Article 3(1), the proviso to Article 3(2)6 and 7 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act (the occupation of a person causing occupational negligence due to the operation of ozone layers, the choice of imprisonment without prison labor), Article 154 Subparag. 2 and Article 43 of the Road Traffic Act (the occupation of a person without permission for the operation of ozone layers, the choice of fines), Article 46(2)2 of the Guarantee of Automobile Compensation Security Act (the occupation of a person without permission for the operation of ozones, the occupation of a person without mandatory insurance, and the choice of imprisonment) concerning criminal facts;

1. The aggravated Criminal Act for concurrent crimes.