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(영문) 대구지방법원 김천지원 2016.05.25 2016고정129

교통사고처리특례법위반등

Text

Defendant shall be punished by a fine of KRW 2,500,000.

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

Reasons

Punishment of the crime

1. Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents and the Violation of Road Traffic Act (unlicensed Driving) is a person who is engaged in driving a bicycle with no license plate.

On December 29, 2015, the Defendant, without a motor bicycle license for a motor device, driven the above oba, and continued to proceed to this gate from the direction of the mountain road in front of the U.S. Do-Eup in the Gu-U.S. Si-S. Si-S. Si-S. Si-si.

There are no signal apparatus installed, and in such a case, there is a duty of care to prevent accidents, such as yielding the course to the vehicle along the intersection road, and accurately operating the steering direction and the brake system, as a person engaged in driving of a motor vehicle is responsible for driving the motor vehicle.

Nevertheless, the Defendant neglected this and went from the 1st square to Kimcheon by the negligence of entering the said intersection, and received the front part of the victim B(61) driving C C/C 100 Oral Sea from the 100 Oral Sea from the 1st square to the right side of the Defendant’s right side.

Defendant 2 caused the victim to suffer injury, such as mination of mincts on the left-hand flag, which requires approximately seven weeks of treatment due to such occupational negligence.

2. The Defendant violated the Guarantee of Automobile Damage Compensation Act: 1. The Defendant was driving the above Obain, which was not covered by mandatory insurance at the time and place specified in paragraph (1).

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect B of the police;

1. Report on the occurrence of a traffic accident, each on-site photograph, actual condition survey report, driver's license ledger, and inquiry into the mandatory insurance;

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

1. Article 3(1) and proviso of Article 3(2)7 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 154 Subparag. 2, Article 43 of the Road Traffic Act, and Article 43 of the Guarantee of Automobile Compensation.