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(영문) 서울북부지방법원 2014.01.16 2013고단2768

교통사고처리특례법위반등

Text

A defendant shall be punished by imprisonment for not less than eight months and by a fine not exceeding three hundred thousand won.

If the defendant fails to pay the above fine, 50.

Reasons

Punishment of the crime

The defendant is a person who has no certain occupation, and is engaged in driving of a non-reported 124cc driver's license.

1. On June 27, 2013, the Defendant violated the Act on Special Cases concerning the Settlement of Traffic Accidents: (a) driven the above motorcycle around 08:40 on June 27, 2013; and (b) driven the road of 80-1 in front of the 80-1, Jung-gu, Seoul, Jung-gu, Seoul, along the one lane, which is a bus exclusive way, from the upper wing distance to the upstream

A person engaged in driving service has a duty of care to safely drive a person who is engaged in driving service by checking well the front and rear left.

Nevertheless, the defendant neglected to do so without obtaining a motorcycle driver's license and proceeded on the side of the right side of the above motorcycle by negligence, which led the victim to wear the crosswalk on the left side of the crosswalk in the right side of the defendant's moving direction from the right side to the left side of the crosswalk, and let the victim go beyond the ground.

As a result, the Defendant suffered injury to the victim due to such occupational negligence, which requires approximately eight weeks medical treatment.

2. On the date specified in paragraph (1), the Defendant driven the said unreported bicycle without obtaining a license for a motorcycle at a section of about 10 kilometers from the 68-1 Do to the place specified in paragraph (1) of this Article, both of which are south-do, the 68-1 Do and the 10-do Do in South-do.

3. No motor vehicle which is not covered by mandatory insurance in violation of the Guarantee of Automobile Accident Compensation Act shall be operated on a road;

Nevertheless, the Defendant driven the above non-reported motorcycle that was not covered by mandatory insurance at the time and place specified in Paragraph 2.

Summary of Evidence

1. Defendant's legal statement;

1. Registers of driver's licenses;

1. An investigation report (as to the protection before the accident):

1. Investigation report (to make a statement by telephone of a witness);

1. Each letter of diagnosis;