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(영문) 서울북부지방법원 2013.08.29 2012고단1795

교통사고처리특례법위반등

Text

Defendant shall be punished by imprisonment without prison labor for not less than four months and by a fine not exceeding 300,000 won.

If the defendant fails to pay the above fine, 50.

Reasons

Punishment of the crime

The Defendant is a person driving a two-wheeled vehicle BT-100c. on duty.

1. On April 21, 2012, the Defendant driven the said two-wheeled vehicle without a license, and proceeded at a speed of about 10-20 km at the speed of about 10-20 km as soon as possible, depending on the Defendant’s report on the direction of the Myeonn Park at the surface of the Myeonndong 126-6, Jung-gu, Seoul, the Myeonndong-gu, 126-6, and the Myeonn

In such a case, a driver of a motor vehicle has neglected his duty of care to prevent pedestrian traffic immediately before passing through the sidewalk, and caused a victim C (5 years old, South) who was walking along the sidewalk on the sidewalk due to negligence while driving the sidewalk while neglecting the duty of care to prevent pedestrian traffic, and caused a victim C (5 years old, South) who was walking along the sidewalk on the left part of the Defendant driver's two wheels of the two wheeled vehicle, due to the accident beyond the reported report, due to the shock of the victim's left chest, and caused the victim's injury, such as the removal of the body of a single flall, other than the 20th 1st th 1st 2

2. In order to drive a two-wheeled vehicle, etc. at the time of the accident as referred to in the above paragraph (1), the Defendant did not drive the two-wheeled vehicle without obtaining a driver’s license from the commissioner of the district police agency, but in violation of this, the Defendant was driving the two-way distance of about 1 km from the central Myeon and Myeon-dong in Seoul, Jung

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. C's statement on the occurrence of traffic accidents;

1. A traffic accident report, actual condition investigation report;

1. Registers of driver's licenses;

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

1. Article 3 (1) and the proviso to Article 3 (2) 9 of the Act on Special Cases concerning the Settlement of Traffic Accidents by Relevant Acts concerning criminal facts, Article 268 of the Criminal Act, Article 154 subparagraph 2 of the Road Traffic Act, and Article 43 of the Road Traffic Act;

1. The former part of Article 37 and Article 38 (1) 3 of the Criminal Act among concurrent crimes;

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

1. Article 334 of the Criminal Procedure Act provides for an order of provisional payment.