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(영문) 창원지방법원 2017.06.13 2017고단693
교통사고처리특례법위반(치상)등
Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. The Defendant in violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents is a person who is engaged in driving service with BTS125EFI.

On January 1, 2017, the Defendant, without obtaining a license for a motor device bicycle for light 21:27, driven the above Oba, and proceeded with 780, as Changwon-si, Sungwon-si, Sungwon-si, and the 1nd line road at the intersection of a material research institute, in the direction of the material research institute, at the parallel of the mar-di apartment.

Since there is an intersection zone in which signal lights are installed, there was a duty to observe the signal and safely drive the person engaged in driving of the motor vehicle to prevent the accident in advance.

Nevertheless, the Defendant neglected this and went through the intersection without a license while driving it, and due to the negligence of entering the intersection while driving it with no license, received the front part of the Defendant’s driving Da CBR125 RW driving of the victim C(17 years old) driving the said intersection from the side of the Changwon Hospital to the original tunnel.

Ultimately, the Defendant suffered, by such occupational negligence, injury to the victim E (17 years old) who was seated with the rear seat of the victim E (17 years old) in need of approximately 4 weeks of medical treatment, such as opportal bones, bones, and feld feld fela, etc.

2. Violation of the Road Traffic Act (Unlicensed Driving) Defendant driven BTS125 EFI Obaba, without obtaining a motor device bicycle license from the Do in front of the GTS125 EFI to the place of the accident described in paragraph 1 from the Do in the 200-meter Do in Changwon-si, Sungwon-gu, Sungwon-si, Mag-dong, Mag-dong, and the place of the accident described in paragraph 1.

Summary of Evidence

Application of the Act and subordinate statutes to the ledger of driver's licenses, each written fact investigation of Defendant C's legal statement

1. Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Special Cases concerning the Selection of Punishment for Crimes, Article 268 of the Criminal Act (the causing of a traffic accident) and Articles 154 Subparag. 2 and 43 of the Road Traffic Act (the motor device).

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