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(영문) 서울동부지방법원 2014.01.21 2013고정2965
교통사고처리특례법위반등
Text

The sentence against the accused shall be 2,00,000 won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving a bicycle without registration owned by the Defendant, 124cc.

1. On April 18, 2013, the Defendant driven a bicycle with the above engine device around November 11:12, 2013, and driven a road in the 480-dong, Songpa-gu, Songpa-gu, Seoul along the direction of Asan Hospital at a speed of about 40km per hour, depending on three lanes in the direction of Asan Hospital, from the west bank.

In such cases, a person engaged in a motor device bicycle driving business shall not drive a motor device bicycle without obtaining a bicycle driver's license, and since a crosswalk is installed on the front side of that place, he/she has a duty of care to reduce speed and prevent accidents in advance by driving safely by safely examining the front side.

Nevertheless, the Defendant, without obtaining a driver's license for a motorcycle, failed to perform the above duty of care while driving the motorcycle, and caused a collision between the part of the "C" driving by the victim B (the age of 35) who was crossing the crosswalk from the right side of the Defendant's proceeding to the left side, with the front wheels of the Ortoba, where the Defendant was driving.

As a result, the Defendant suffered injury by the victim, which requires approximately two weeks of medical treatment due to the above occupational negligence, and caused damage to the victim to have the repair cost equivalent to KRW 553,00,000, which the victim driven.

2. No person shall drive any motor vehicle which is not covered by mandatory insurance on a road;

Nevertheless, the Defendant driving a two-wheeled automobile without registration owned by the Defendant, which was not covered by mandatory insurance at the same time and time as “1” in the preceding paragraph.

Summary of Evidence

1. Defendant's legal statement;

1. B The police statement, the traffic accident occurrence report, the diagnosis report, the quotation, the investigation report (the accident hump statement), and the investigation report (the accident hump statement);

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