교통사고처리특례법위반(치상)등
Defendant shall be punished by imprisonment without prison labor for up to six months and a fine of up to 300,000 won.
When the defendant does not pay the above fine.
Punishment of the crime
1. The Defendant is a person who violates the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) and is engaged in the driving of a set of ATV without a license plate.
On August 12, 2017, the Defendant, without obtaining a driver's bicycle license for a motor device device 09:00, driven the above shooting and proceeded with the road of the D, the front of which is located C, at the time of residence, from the boundary of the scenic market to the boundary of the South and North Korean market.
At the same time, there is a complicated place for pedestrians and others, so there was a duty of care to safely proceed by examining whether there is a pedestrian crossing the road.
Nevertheless, the Defendant neglected this and got the victim E (the age of 82) who was crossing the road from the right side of the course to the left side by negligence, and received the front objection.
As a result, the Defendant suffered from an injury to the victim due to such occupational negligence, such as blood transfusion, which requires at least eight weeks of treatment period.
2. Violation of the Road Traffic Act (Non-licenseed Driving) was driven by the Defendant without obtaining a motor device bicycle license within approximately 1 km section from the front road to the front road of the said accident site at the time of residing at a night specified in paragraph (1).
Summary of Evidence
1. Statement by the defendant in court;
1. Legal statement of witness G;
1. A protocol concerning the examination of the police officers of the accused;
1. Statement of the police statement related to G;
1. A report on the occurrence of a traffic accident and a report on actual condition investigation;
1. A medical certificate;
1. The ledger of driver's licenses of motor vehicles;
1. Application of the Acts and subordinate statutes to photographs by cutting off on-site photographs and CCTV images;
1. Article 3(1) and the proviso of Article 3(2)7 of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the relevant Act and the Special Cases concerning the Selection of Punishment, Article 268 of the Criminal Act (the occupation of occupational and de facto occupation, the choice of imprisonment without prison labor), Article 154 Subparag. 2 and Article 43 of the Road Traffic Act (the occupation of driving without a license and the fine).