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(영문) 인천지방법원 2016.11.03 2015고단6283

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 does not pay the above fine, 100.

Reasons

Punishment of the crime

"2015 Highest 6283"

1. The Defendant violating the Act on Special Cases concerning the Settlement of Traffic Accidents is a person who is engaged in driving service of CCA110.

On August 15, 2015, the Defendant, without obtaining a motorcycle driver's license on August 10:52, 2015, driven the above motorcycle and proceeded at a speed of about 50 km per hour at a speed of 50 km from the elevation of the new flag market distance in the south-gu Incheon Metropolitan City.

In this case, the driver of the motor vehicle has a duty of care to safely drive the motor vehicle and the crosswalk in order to prevent the traffic accident by safely driving the motor vehicle after checking whether there are pedestrians who walk the motor vehicle and the crosswalk in another direction by properly examining the front side and the left side of the motor vehicle in the front side.

Nevertheless, the Defendant neglected to do so and did not discover the victim E (the age of 32) who was standing a crosswalk on the left side from the right side of the direction of the coming-down of the Defendant, and did not discover the victim E (the age of 32) and had the victim go beyond the floor on the front side of the Defendant’s driving.

Ultimately, the Defendant caused the above E by negligence in the course of performing the above duties to suffer bodily injury, such as a flag in which there was no head open room in need of approximately 14 weeks of treatment.

2. The Defendant violated the Road Traffic Act (unlicensed Driving) without obtaining a motorcycle driver’s license at the above time and place, CCA 110 obs.

"2016 Highest 4091"

3. The Defendant violated the Punishment of Violences, etc. Act (joint conflict) along with F and G shall give money under the pretext of agreement, if he/she intentionally causes a traffic accident against a drinking driver at night and would not give money to him/her, he/she shall report the driving under the influence of alcohol or submit a medical certificate to the police to have him/her punished for a personal accident, etc.