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(영문) 대구지방법원 포항지원 2013.06.28 2013고정163

교통사고처리특례법위반등

Text

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

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

1. On 15:30 on 07. 15:30 on 2012, the Defendant driving a 500-meter from 125cc Vietnam, which does not have a license plate, at the time of the port of the port to 15cc on the street in the front of the new Heungdong-dong, Northern-dong, Mandong, Mandong, Man-dong, Man-dong, Man-dong, Man-dong, Man-dong, Man

2. The Defendant violated the Guarantee of Automobile Accident Compensation Act, without purchasing mandatory insurance (liability) on the part of the Defendant, driving 125cc besa (1) as set forth in paragraph (1) above.

3. The Defendant violated the Act on Special Cases concerning the Settlement of Traffic Accidents: (a) drive the above offland without a motor bicycle driver’s license in the same time and place as that of the above paragraph (1); and (b) drive directly along the two-lane distance from the long distance from the northwest-gu, west-gu, west-gu, west-gu, west-gu, west-gu, west-do.

In such cases, the driver has a duty of care to safely drive an accident by checking whether he/she is a person on the road by checking the embankment well and safely to prevent the accident.

Nevertheless, the defendant is negligent in doing so.

At the time of porting a road, a pedestrian B, which was a building a road to the direction of the New Francpung-dong, is not discovered and the defendant was faced with a pedestrian with the front part of the front part of the road driving by the defendant.

As a result, the defendant suffered from the victim B due to his occupational negligence, 1-3 Crossing of the 1-3 Crossing which requires a six-day medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement prepared B;

1. A traffic accident report;

1. Registers of driver's licenses;

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

1. Relevant legal provisions concerning criminal facts, Article 3 (1) and the proviso to Article 3 (2) 7 of the Act on Special Cases concerning Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act, subparagraph 2 of Article 154 and Article 43 of the Road Traffic Act, Articles 46 (2) and 8 of the Guarantee of Automobile Accident Compensation Act,

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The Criminal Act for the detention of a workhouse;