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(영문) 서울동부지방법원 2021.01.15 2020고정473

교통사고처리특례법위반(치상)등

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Defendant shall be punished by a fine of one million won.

However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The defendant is a person who is engaged in driving a bicycle riding machine in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents;

On November 21, 2019, the Defendant operated a bicycle for the above engine device at around 08:40 on November 21, 2019, thereby cutting off the side of the D Apartment at Seoul High School.

It is a crossing protection zone in which signal lights are installed, so in such cases, there was a duty of care to live well before, after and after the driving of the driver and to prevent accidents in advance by safely driving the driver.

Nevertheless, the Defendant neglected to do so and was negligent in driving without obtaining a motor device bicycle driver's license. The Defendant received the back portion of the Fma business driver's left side of the driver's car, which was driven by the victim E (W, 41 years old) who was standing in front of the bicycle.

As a result, the defendant suffered approximately two weeks of medical treatment from the victim due to the above occupational negligence.

2. On November 21, 2019, the Defendant: (a) driven a motor bicycle from the front side of Gangdong-gu Seoul Metropolitan Government to the front distance of the D apartment; (b) without obtaining a motor device driver’s license from the 1km section from the front side of Gangdong-gu Seoul Metropolitan Government to the front distance of the D apartment; and (c) driven a motor bicycle without obtaining a motor device driver’s license.

3. No motor vehicle which is not covered by mandatory insurance in violation of the Guarantee of Automobile Accident Compensation Insurance shall be operated on a road;

Nevertheless, the Defendant operated a two-wheeled automobile that was not covered by mandatory insurance at the same time and place as stated in paragraph 1.

Summary of Evidence

1. Each investigation report (in addition to a field investigation and photographs, and a copy of driver's license register) on the recording record of witness E, and a copy of the mandatory insurance inquiry report and medical record [The above evidence reveals that according to the above evidence, the defendant caused a traffic accident as stated in the facts of the crime, thereby causing injury to the victim, and thus, it is recognized.