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(영문) 부산지방법원 동부지원 2020.04.22 2019고단2279

교통사고처리특례법위반(치상)등

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Defendant shall be punished by a fine of four million won.

Where a defendant fails to pay a fine, one hundred thousand won shall be the day.

Reasons

Punishment of the crime

1. The defendant is in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) so that no number plate exists, and is engaged in driving service of Otoba;

On November 20, 2019, the Defendant, without obtaining a motorcycle driver's license on November 22:10, 2019, driven the above Oralba, and driven the road in front of the "Cvalescent Hospital" located in Busan Southern-gu, with a one-lane distance from the south-gu Office.

In such cases, there was a duty of care to prevent accidents in advance by safely driving a person engaged in driving with a view to keeping the front door and the left door well.

Nevertheless, the Defendant neglected to do so and proceeded as it was found to have been the victim D (I, 48 years of age) who was moving on the left side from the right side of the above Obain proceeding direction.

The Defendant suffered injury to the victim due to such occupational negligence, such as mination of 10 weeks left-hand flavers in need of treatment.

2. The Defendant violated the Road Traffic Act (unlicensed Driving) at the time and place stated in paragraph (1) of this Article, left without obtaining a license plate for a motorcycle driver’s license.

3. Although the Defendant is prohibited from operating a motor vehicle on a road which is not covered by mandatory insurance in violation of the Guarantee of Automobile Accident Compensation Act, the Defendant was operated on a road because there is no number plate which is not covered by mandatory insurance at the date and place specified in paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report, a traffic accident report, an accident scene photograph, a driver's license register, and a medical certificate;

1. Application of CCTV-related Acts and subordinate statutes;

1. Article 3(1) and the proviso of Article 3(2)7 of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the relevant criminal facts, Article 268 of the Criminal Act, subparagraph 2 of Article 154 and Article 43 of the Road Traffic Act, and the Guarantee of Automobile Accident Compensation Act.