교통사고처리특례법위반(치상)등
A defendant shall be punished by a fine of two million won or more and twenty days of detention.
When the defendant does not pay the above fine.
Punishment of the crime
피고인은 번호판 없는 효성 프리마 랠리 원동기장치 자전거를 운전하는 사람이다.
On July 30, 2018, the Defendant, without a motor motor bicycle driver's license, driven the bicycle, which was not covered by mandatory insurance, and proceeded with the front distance of C in Gumi-si B from the upper tri-distance distance to the lower tri-distance distance.
In such cases, a motor device bicycle driver has a duty of care to prevent accidents in advance by safely driving a motor vehicle in a way that he/she can live well in the front.
However, the Defendant neglected this and went to the opposite opposite lane, and got the front left side of the victim D(SF car 53 years old) driving in the opposite lane as the front left side of the motor device of the Defendant.
Ultimately, the Defendant suffered injury to the victim by occupational negligence, such as salt ties and tensions, which require approximately two weeks of treatment.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against D;
1. Yellow dust survey report, on-site photographs, and CCTV for crime prevention photographs;
1. Registers of driver's licenses and details of revocation of driver's licenses;
1. Application of Acts and subordinate statutes of a medical certificate;
1. Relevant Article of the Act and the choice of punishment for the crime;
(a) Injury caused by occupational negligence: Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, and the selection of fines;
(b) Unlicensed driving: Subparagraph 2 of Article 154 of the Road Traffic Act, Article 43 of the same Act, and the selection of penal detention.
(c) Non- mandatory insurance: Operation of mandatory insurance: Article 46 (2) 2, the main sentence of Article 8, and the selection of fines under Article 46 (2) 2 of the Guarantee of Automobile Compensation;
1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2 and 3, and Article 50 of the Act on Special Cases concerning the Settlement of Traffic Accidents (the Act on Special Cases concerning the Settlement of Traffic Accidents and the Act on Special Cases concerning the Settlement of Traffic Accidents) (the Act on Special Cases concerning the Settlement of Traffic Accidents) shall apply to a fine aggravated punishment for concurrent crimes resulting from a violation of the Act on Special Cases concerning the Settlement of Traffic Accidents, and the Act on Special Cases concerning the Settlement of Traffic Accidents,