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(영문) 서울북부지방법원 2015.07.17 2015고정915

교통사고처리특례법위반등

Text

Defendant shall be punished by a fine of KRW 700,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving service of B 110cc.

On February 14:35, 2015, the Defendant driven the above motorcycleba without a motorcycle driver's license on February 14, 2015, and driven the front road of Dongdaemun-gu Seoul Metropolitan Government along the three-lane distance from the direction of the entrance road.

Since the place is a road where a signal, etc. is installed, the driver of the vehicle is negligent in violating the signal while neglecting his duty of care to safely drive the signal, and the defendant was driven by the victim D (year 71) who has dried the crosswalk from the right side of the course to the left side of the crosswalk in accordance with the pedestrian signal.

Ultimately, the Defendant suffered injury to the victim, such as “influoral salt and tension,” which requires approximately two weeks of medical treatment due to occupational negligence as above.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Statement on the occurrence of D traffic accidents;

1. Statement on the occurrence, actual condition, and supplement of E traffic accidents;

1. The actual survey report on traffic accidents;

1. The driver's license ledger;

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

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1), the proviso of Article 3 (2) 1 and 7 of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act, Article 154 subparagraph 2 and Article 43 of the Road Traffic Act, and the selection of fines, respectively;

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

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;