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(영문) 수원지방법원 여주지원 2019.06.03 2018고단865

교통사고처리특례법위반(치사)등

Text

Defendant shall be punished by a fine of 1.5 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving a two-wheeled vehicle B YF-R1.

On July 9, 2017, the defendant operated the above two-wheeled automobile without obtaining a driver's license on July 14:42, 2017, and proceeded with the two-lane national highways No. 37 of the letter No. 189-37 in the Moyang-si, Gyeonggi-si, the Mayang-do, the Mancheon-gun, the Mansan-do.

Summary of Evidence

1. Defendant's legal statement;

1. Reports on traffic accidents and reports on occurrence of traffic accidents;

1. An accident photograph;

1. Application of the statutes on the register of driver's licenses;

1. Relevant Article of the Act on Criminal facts and Articles 152 subparagraph 1 and 43 of the Road Traffic Act, which choose the penalty for a crime;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is that the Defendant, who had been driving without a license, had been punished once again, and had the record of driving without a license.

The sentence shall be determined as per the order, taking into account such circumstances, the defendant's age, character, environment, and circumstances after the crime.

The Defendant is a person who is engaged in driving a two-wheeled vehicle B YZF-R1.

On July 9, 2017, the defendant operated the above two-wheeled automobile without obtaining a driver's license on July 14:42, 2017, and proceeded with the two-lane national highways No. 37 of the two-lane 189-37 in the Round-si, Gyeonggi-si, Yangyang-gun, in a non-speed speed, from C to Pyeong-gun.

In this case, the driver of the vehicle has a duty of care to reduce the speed and to properly keep the lane and prevent the accident from spreading because there are many places where the road is be be be be bended rapidly.

Nevertheless, the Defendant neglected this and suddenly passed a bend road at the opposite lane C. When the Defendant was negligent in the course of driving a bend road.