beta
(영문) 대구지방법원 김천지원 2016.11.01 2016고정502

교통사고처리특례법위반(치상)등

Text

Defendant shall be punished by a fine of KRW 1,500,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. The Defendant is a person who is engaged in driving service of MPGJT 125 Obama in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury)

On May 30, 2016, without a license for a motor bicycle, the Defendant driven the above motorcycleba, and proceeded at a speed of about 50 km at a speed of 50 km from the two-lanes to the yellow-dong market, depending on the two-lane roads in Kimcheon-si, Kimcheon-si.

There is a place where a crosswalk without signal lights is installed, and in this case, there was a duty of care to check whether a person engaged in driving service is a person to walk the crosswalk by reducing the speed in advance and by checking well the right and the right and the right of the road.

Nevertheless, the Defendant neglected to do so and proceeded along as it is, by negligence, was placed on the right side of the victim E (the 80-year-old age), who dried the crosswalk installed on the front side of the above Otoba in the direction of the direction.

As a result, the Defendant suffered from the victim’s negligence in the above business, such as a scarke, which requires approximately two weeks of treatment.

2. Around 20:40 on May 30, 2016, the Defendant driving the MOGJET 125 Obacc in a section of about 8 km from the front of the Defendant’s residence in Kimcheon-si F to the front of the said D, without a license for a motorcycle.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. A report on internal investigation by the police (Submission of a medical certificate);

1. A report on occurrence of traffic accidents and a report on actual condition investigation;

1. On-site photographs, details of revocation of driver's license, ledger of driver's license, and application of statutes on next occasion;

1. Article 3 (1), the proviso of Article 3 (2) and Article 3 (2) 6 and 7 of the Act on Special Cases concerning the Settlement of Traffic Accidents concerning Criminal Facts, Article 268 of the Criminal Act, Article 154 subparagraph 2 and Article 43 of the Road Traffic Act, and Article 43 of the Road Traffic Act;