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(영문) 서울서부지방법원 2019.02.14 2018고단3997
교통사고처리특례법위반(치상)등
Text

Defendant shall be punished by imprisonment without prison labor for a period of four months and a fine of three hundred thousand won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

The defendant is a person who is engaged in the driver's duty of W125 WW125.

On October 13, 2018, the Defendant driven the above motorcycle without a motorcycle driver's license from Mapo-gu Seoul to Mapo-gu Seoul on October 2013, 2018, and led the Defendant to go straight from the intersection of the entrance of Mapo-gu Seoul Mapo-gu to the intersection of the intersection to the intersection of the intersection distance.

Since there is a signal apparatus installed, a person engaged in the driving of a motor bicycle has a duty of care to live well with the front door and the left, and to drive safely in accordance with the new code.

Nevertheless, the Defendant neglected this, while driving the above motorcycle without a motorcycle driver’s license, due to the negligence in which he was immediately fluent while driving the above motorcycle without a motorcycle driver’s license, and the part on the right side of the victim F (the 40-year-old), who opened directly under green signals from the left side of the running direction of the Madles Defendant, was in front of the motor bicycle of the Defendant.

Ultimately, the Defendant caused the injury to the victim by occupational negligence, such as the sofamination of the body, which requires approximately four weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement;

1. A medical certificate;

1. Written estimate;

1. A survey report on actual conditions, a traffic accident occurrence report, field map of traffic accidents, the ledger of driver's licenses for motor vehicles, and car red inquiries;

1. Application of statutes, such as photographs;

1. Relevant legal provisions concerning criminal facts, Article 3 (1), the proviso to Article 3 (2) and Article 3 (7) of the Act on Special Cases concerning the Settlement of Traffic Accidents in the Selection of Punishment, Article 268 of the Criminal Act, Article 154 subparagraph 2 of the Road Traffic Act, and Article 43 of the Road Traffic Act;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2 and 3, and Article 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. Order of community service;

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