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(영문) 의정부지방법원 2017.06.15 2017고정665

교통사고처리특례법위반등

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Defendant shall be punished by a fine of KRW 1,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

[criminal records] On November 25, 2016, the Defendant was sentenced to two years of imprisonment with prison labor and fine of 300,000 won by a District Court for special injury, etc., and such judgment became final and conclusive on April 14, 2017.

[Criminal facts]

1. The Defendant is a person who is engaged in driving without registration 100cc.

On July 26, 2016, the Defendant, without a driver's license for a bicycle, was straighted in the direction of the structural distance from the front of the Gecheon-gun, Gyeonggi-do without a motor engine device bicycle license.

At the same time, there was a duty of care to see the right and the right and the right of the driver and to prevent the accident.

Nevertheless, the defendant neglected to do so and proceeds closely on the left side of the road, and the body part of the victim D(83), which was moving on the right side on the left side, was facing the front side of the road.

As a result, the Defendant suffered brain-dead, which requires approximately two weeks of medical treatment from the above victim due to the above occupational negligence.

2. No person shall operate any motor vehicle that has not been covered by mandatory insurance;

Nevertheless, the defendant, as described in the above paragraph 1, operated Otoba who did not purchase mandatory insurance.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement related to a traffic accident;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. A medical certificate;

1. The driver's license ledger;

1. Previous conviction: Application of Acts and subordinate statutes of inquiry about criminal history;

1. Relevant Article 3(1) and the proviso to Article 3(2)7 of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Punishment, Article 268 of the Criminal Act, Article 154 Subparag. 2 and Article 43 of the Road Traffic Act, Article 46 Subparag. 2 of the Guarantee of Automobile Compensation Act, the main sentence of Article 46(2) and Article 8 of the Guarantee of Automobile Compensation Act, and each option of fines;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. Article 37 of the Aggravation of Concurrent Crimes Act.