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(영문) 청주지방법원 영동지원 2014.06.26 2014고단108

교통사고처리특례법위반등

Text

A defendant shall be punished by imprisonment without prison labor for six months and a fine of three hundred thousand won.

If the defendant does not pay the above fine, 100.

Reasons

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 C 10CC.

On March 24, 2014, the Defendant, without obtaining a license for a motorcycle driver on March 16, 2014, driven the above Oba, and proceeded at the speed of about 20 K km from the front side of the Haba-dong, Chungcheongnam-gun, Chungcheongnam-do, to the end of the Yandong-dong, Chungcheongnam-do.

When the victim F (n, 79 years of age) seems to walk on the road, the defendant had a duty of care to reduce speed and prevent the accident by driving the victim's movement.

Nevertheless, the Defendant neglected to obtain a motorcycle driver's license without being negligent in doing so and neglected to do so, and thus, the Defendant considered the front part of the above Oral Sea as the front part of the above Oral Sea in the direction of the direction of the movement, and got the victim to go beyond the floor.

Ultimately, the Defendant suffered injury to the victim, such as cutting the body of the first place to the right, cutting the body to the right, cutting the foundation to the right, etc., for about 10 weeks of treatment due to the above occupational negligence.

2. The Defendant violated the Road Traffic Act (unlicensed driving) driving of a motor vehicle on the date and time specified in paragraph (1) without obtaining a motorcycle driver’s license as above.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. The actual survey report (including photographs);

1. The driver's license ledger;

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

1. Article 3 (1) and the proviso of Article 3 (2) and (7) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, subparagraph 2 of Article 154 and Article 43 of the Road Traffic Act concerning facts constituting an offense;

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

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

1. Article 62(1) of the Criminal Act provides that the defendant is the first offender.