도로교통법위반(무면허운전)등
Defendant shall be punished by imprisonment without prison labor for not less than four months and by a fine not exceeding 300,000.
When the defendant does not pay the above fine.
Punishment of the crime
The defendant is a person who is engaged in driving service of Oral Ba at C 100 cc.
On July 26, 2012, the Defendant, without obtaining a motorcycle driver's license on July 14:20, 2012, driven the above motorcycle, and led the front of the 400 Cheongcheon-ro, Jungcheon-gu, Seoul to the direction of the Road Traffic Authority.
On the other hand, there is a crosswalk without signal lights, so there was a duty of care to prevent accidents in advance by safely driving the vehicle, such as checking whether a person engaged in driving the vehicle well sees the right and the right and the right and the right and the right and the right, and whether a person has a road.
Nevertheless, the defendant neglected this and proceeded with the victim D (the age of 60) who opened the crosswalk from the right side of the proceeding to the left side by his negligence, which the defendant is driving.
Ultimately, the Defendant suffered injury to the victim, such as salt, tension, etc. in need of medical treatment for about three weeks due to such occupational negligence.
Summary of Evidence
1. Partial statement of the defendant;
1. Legal statement of witness D;
1. A traffic accident report (1) (2);
1. A traffic accident report;
1. Registers of driver's licenses;
1. Application of Acts and subordinate statutes of a medical certificate;
1. Article 154 subparagraph 2 of the Act on Special Cases Concerning the Settlement of Traffic Accidents, Article 154 subparagraph 2 of the Road Traffic Act and Article 43 of the Act on Special Cases Concerning the Settlement of Traffic Accidents, Article 3 (1), the proviso of Article 3 (2) 6 and 7 of the Act on Special Cases Concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act;
1. The former part of Article 37 and Article 38 (1) 3 of the Criminal Act for the punishment of concurrent crimes;
1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;
1. Article 62 (1) of the Criminal Act;
1. Order to attend lectures under Article 62-2 of the Criminal Act;
1. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order [decision of types] among traffic crime groups, the first type of ordinary traffic accident (the injury resulting from a traffic accident) (the special person) (the mitigated element): The mitigated element is not punishable.