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(영문) 창원지방법원진주지원 2020.11.17 2019고단1294
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for six months and a fine for 450,000 won.

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

Reasons

Punishment of the crime

1. The defendant is a person who is engaged in driving service on unregistered part of a registered motor vehicle;

On August 27, 2019, the Defendant, without obtaining a motorcycle driver's license at around 13:30 on August 27, 2019, driven the above Oral Ba, and continued C front roads in the Hanam-gun B at the entrance of the D market at the surface of the D market.

At the same time, there were many pedestrians using the market, so in such a case, there was a duty of care to prevent accidents in advance by reducing the speed to those engaged in driving service, keeping well the right and the right, and the right and the right, and maintaining the safety distance with pedestrians.

그럼에도 불구하고 피고인은 이를 게을리 한 채 보행자와의 안전거리를 제대로 확보하지 아니하며 진행한 과실로 위 오토바이 앞 발판 부분에 실려 있던 곡괭이의 뾰족한 부분으로 피고인 진행방향 좌측에서 보행 중이던 피해자 E(여, 82세)의 왼쪽 무릎 부분을 스치게 하였다.

Ultimately, the Defendant suffered injury to the victim, such as the open position of the following bridge, which requires approximately two weeks of medical treatment, due to the above occupational negligence.

2. Violation of the Road Traffic Act;

A. On August 27, 2019, at around 13:30, the Defendant driven a non-registered 125cc camba, without obtaining a driver’s license from around 80 meters to the entrance of the said market, from the front of the commercial building in the Hadong-gun D market to the entry of the said market.

B. On August 18, 2019, at around 09:20, the Defendant driven the 125cc c Obacon without obtaining a motorcycle driver’s license from the front of the Hadong-gunF to the front of the G village.

3. Although the defendant is prohibited from operating a motor vehicle on the road which is not covered by mandatory insurance in violation of the Guarantee of Automobile Accident Compensation Act, the above 2-A.

date and time of entry;

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