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(영문) 대구지방법원 상주지원 2014.11.04 2014고단450

교통사고처리특례법위반등

Text

Defendant shall be punished by imprisonment without prison labor for up to six months and a fine of up to 200,000 won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving a two-wheeled motor vehicle in C DaeVL 125cc.

On July 17, 2014, the Defendant driving the said two-wheeled vehicle without obtaining a motorcycle driver's license from 14:00 on July 17, 2014, and driving the road in front of the village elementary school in front of the road in the direction of the occupation village elementary school, along the speed of about 15 km along the direction of the Southern Branch of Agricultural Cooperatives.

Since it is a child protection zone, a driver of a two-wheeled motor vehicle has the duty of care to drive the motor vehicle by complying with necessary measures, such as paying attention to the safety of children and checking the right and the right and the right of children.

Nevertheless, the defendant neglected this and got the victim into the ground by taking the front side of the above two-wheeled vehicle driving by the defendant's driving of the victim D (n, six years of age) who crosses the right side from the left side of the progress direction by negligence.

Ultimately, the Defendant suffered injury to the victim, such as cutting the body at the bottom of the Bridge, which was accompanied by a non-alleys that require approximately six weeks of medical treatment, due to such occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes of D (Investigation Record No. 35 pages);

1. Article 3 (1), the proviso to Article 3 (2) 7, and Article 3 (1), Article 3 (2) 11 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 154 subparagraph 2 of the Road Traffic Act, Article 154 and Article 43 of the Road Traffic Act concerning facts constituting an offense;

1. Of concurrent crimes, the former part of Article 37, and Articles 38 (1) 3 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 62 (1) of the Criminal Act;

1. Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc.;

1. Reasons for sentencing of Article 334(1) of the Criminal Procedure Act (the scope of recommendation) of the provisional payment order shall be the type of general traffic accident (the injury resulting from traffic accident).