교통사고처리특례법위반(치상)등
A defendant shall be punished by imprisonment for not more than four months and by a fine not exceeding 300,000 won.
If the defendant does not pay the above fine, 100.
Criminal facts
1. The Defendant who violated the Act on Special Cases concerning the Settlement of Traffic Accidents is a person who is engaged in driving a non-registered wheels vehicle;
On February 8, 2018, the Defendant, without obtaining a driver’s license of a motor vehicle around 13:00, driven the foregoing two-wheeled vehicle, and proceeded at the speed of the U.S. in the direction of the red market from the cultural distance to the 37 Ga-dong, Osan-si.
In this case, a person engaged in driving service has a duty of care to safely drive by accurately operating the steering direction and brake system.
Nevertheless, the victim C (n, 78 years old) who was walking in the same direction due to neglect of this, was shocked into the body part of the two-wheeled vehicle operated by the defendant, thereby getting the damaged person to go beyond the road.
Ultimately, the Defendant suffered from an injury to the victim under Section 2 of pressure, which requires approximately 12 weeks of treatment, due to the above occupational negligence.
2. Violation of the Guarantee of Automobile Compensation, and violation of the Road Traffic Act (unlicensed Driving) by the Defendant is a holder of an unregistered two-wheeled vehicle.
No motor vehicle which is not covered by mandatory insurance shall be operated on a road.
Nevertheless, on February 8, 2018, the Defendant operated an unregistered two-wheeled vehicle without a driver's license in the section of approximately 1 Km from around the front of the E agency located in Osan City, Do, D until the F. of the same city road.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against C;
1. A survey report on actual condition, the ledger of driver's licenses for automobiles, and documents pertaining to two-wheeled motor vehicles;
1. Egressing off the scene of an accident, CCTV images;
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, Article 43 (Unlicensed Driving, Selection of Fine), Article 3 (1) and the proviso of Article 3 (2) 7 of the Act on Special Cases Concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act (on duty and on duty), and Article 268 of the Criminal Act.