교통사고처리특례법위반등
A defendant shall be punished by imprisonment for not more than six months and a fine not exceeding 300,000 won.
When the defendant does not pay the above fine.
Punishment of the crime
1. The Defendant in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents is a person who is engaged in driving service on a non-registered City/Do 100.
On September 25, 2015, the Defendant, without obtaining a motorcycle driver's license from around 09:35 on September 25, 2015, driven the four-lane road in front of the Seocheon-si C, Ocheon-si, Ocheon-si, toward the front side from the side of the Seocheon Comprehensive Athletic Ground.
Since signal lights are installed on the front side of that place, in such cases, there was a duty of care to make a person engaged in driving of a motor vehicle temporarily stop in a safe manner in line with good faith.
Nevertheless, the Defendant neglected this and continued to proceed with a stop signal while the Defendant found the victim D (the 80-year old age) crossing the crosswalk from the right side to the left side pursuant to the pedestrian signals, and found it late later, and suffered injury to the victim, such as the upper part of the hand hand, which requires approximately six weeks of treatment.
2. On September 25, 2015, the Defendant: (a) driven a vehicle with approximately 1km of 100 cubic meters at the time that it was unregistered from the Yancheon-gu Integrated Athletic Station to the front road in the Yancheon-gu, Yancheon-si C without obtaining a motorcycle driver’s license on September 25, 2015; and (b) on September 25, 2015.
Summary of Evidence
1. Defendant's legal statement;
1. Statement made to D by the police;
1. Application of Acts and subordinate statutes to reports on the occurrence of traffic accidents, the ledger of driver's licenses, and diagnostic certificates;
1. Article 3 (1), the proviso to Article 3 (2) 6, and 7 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 46 (2) 2 of the Guarantee of Automobile Accident Compensation Act, the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act, Article 154 subparagraph 2 of the Road Traffic Act, and Article 154 of the Act on Special Cases concerning the Management of Traffic Accidents;