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(영문) 서울북부지방법원 2018.03.08 2017고단3426
교통사고처리특례법위반(치상)등
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Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

The defendant is a university student from a business beckist coal, who is engaged in driving a CHJ10T-7C motor bicycle.

On July 6, 2017, the Defendant driven the bicycle without obtaining a motor motor device driver's license, and followed approximately 10 meters from the surface of the university in Seongbuk-gu Seoul to the seat of the Class A police station for cancer in consideration of one lane in front of Seongbuk-gu Seoul.

At the time, there was a frequent place for people to pass along a one-lane road without a median line, so there was a duty of care to prevent accidents by accurately manipulating the steering gear and brake system for those who are engaged in a motor device bicycle driving service.

Nevertheless, even though the defendant was not able to drive without the motor device bicycle license, he neglected to drive the victim E (54) who was walking in the same direction as the motor vehicle due to negligence while neglecting it, and got the victim E (54) who was walking in the same direction as the motor vehicle driving by the defendant over the ground.

Ultimately, the Defendant suffered injury to the above victim by occupational negligence, such as cutting the right frame, which requires approximately eight weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. A written statement on the occurrence of traffic accidents;

1. A traffic accident report;

1. On-site map;

1. Evidence photographs;

1. Making teas;

1. A medical certificate;

1. Application of Acts and subordinate statutes to the ledger of driver's licenses;

1. Article 154 subparagraph 2 of the Act on Special Cases Concerning the Settlement of Traffic Accidents, Article 154 subparagraph 2 of the same Act, Article 43 (Unlicensed Driving), Article 3 (1) and the proviso to Article 3 (2) 7 of the Act on Special Cases Concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, the selection of fines, respectively;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act is the reason for the order of provisional payment.

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