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(영문) 인천지방법원 2016.05.18 2016고단1138

교통사고처리특례법위반등

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Defendant shall be punished by imprisonment without prison labor for six months and by a fine of 300,000 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 BCA110V.

On January 21, 2016, the Defendant does not obtain a bicycle license for a motor device in Incheon, Nam-gu without obtaining a bicycle license for light engine equipment.

Ro 13 The roads in front of the 13 protective observation center have been proceeded from the jurisdiction of the public prosecutor's office of Incheon to the 2nd Do community service center of educational interest.

At the time, there was a duty of care to prevent accidents by emphasizing the front side and the left side and accurately manipulating the steering and brakes of the Defendant, who is engaged in the Ototoba driving at night.

Nevertheless, the defendant neglected to do so and caused the victim C (the age of 60) who was driven by the defendant due to the negligence that the defendant did not see the front bank in the state without a license as above, and turned down the road from the right side to the left.

After all, the Defendant suffered injury to the victim due to the above occupational negligence, such as the removal and closure of the bones of the bones of the victim's left-hand side, which requires approximately five weeks medical treatment.

2. The Defendant, in violation of the Road Traffic Act (unlicensed Driving), driven BCA 1105 lutoba, without obtaining a motor device bicycle license from approximately 3 km section to the place where the accident occurred on the road near the Nam-gu Incheon Metropolitan City, Chungcheongnam-do.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A survey report on actual conditions;

1. Registers of driver's licenses and photographs of vehicles under way;

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

1. Article 3 (1) and the proviso to Article 3 (2) 7 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act (the occupation of causing occupational negligence, the choice of imprisonment without prison labor), Article 154 subparagraph 2 and Article 43 of the Road Traffic Act concerning facts constituting an offense;

1. The former part of Article 37 of the Criminal Act and Article 38 (1) 3 of the same Act concerning the aggravation of concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The Criminal Act;