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(영문) 창원지방법원 밀양지원 2017.02.15 2016고단523

교통사고처리특례법위반(치상)등

Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Criminal facts

On August 19, 2016, the Defendant: (a) was a person engaged in driving 49cc Stoba, driving a motor device and a bicycle driver’s license; (b) driven on August 21, 2016, by driving the above Stoba and driving a road of which the 50-4 Simsan-ri 50-4 Simsan-ri from the Do-ri village to the Do-ri village.

At the time, it was night and there was no street, so a driver engaged in driving service has a duty of care to prevent accidents, such as by accurately manipulating the front door and the left door and the left door, and driving safely.

Nevertheless, as long as the Defendant neglected to drive a motor bicycle on the front side and the safe driving without obtaining a bicycle driver's license as above, the Defendant got the victim from the front side of the victim C (Woo, 84 years old) who was faced by the upper side of the front side of the part of the driver's license of the Defendant, by negligence, and caused the victim to go beyond the floor.

Ultimately, the Defendant suffered by negligence in the above occupational negligence the injury of the victim, i.e., blood from a external wound, ductal body, and ductal body, ductal body, and ductal body, and other injuries of the victim, such as a ductal body, closedness, etc.

Summary of Evidence

1. Statement by the defendant in court;

1. The actual survey report, on-site photographs of traffic accidents, report on the occurrence of traffic accidents, and the driver's license ledger;

1. Each written diagnosis;

1. Application of Acts and subordinate statutes to each investigation report (only with respect to failure to make statements by a victim), and (only with respect to the maximum speed and proposal of a suspect driver's wheels) shall apply;

1. The point of injury caused by occupational negligence in the relevant legal provisions concerning the crime: Article 3(1) and the proviso of Article 3(2)7 of the Act on Special Cases concerning the Settlement of Traffic Accidents and Article 268 of the Criminal Act: Article 154 subparag. 2 and Article 43 of the Road Traffic Act;

1. Selection of each of the alternative fines for punishment (the degree of damage is not less severe, but it is extremely agreed with the victim, and the elderly.