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(영문) 부산지방법원 동부지원 2019.11.29 2019고단1619
교통사고처리특례법위반(치상)등
Text

Defendant shall be punished by imprisonment for not less than eight months and by a fine not exceeding 300,000 won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

1. On June 21, 2019, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) driven a motor bicycle 125cc. without a registration on June 19, 2019, and led the driver to proceed to B on the surface of the waterside from the south-dong bank of Suwon-dong, Busan Metropolitan City.

Since the location is a bathing beach sea road, the width of the road is narrow and the passage of vehicles and pedestrians frequent, drivers of motorcycles have a duty of care to prevent accidents due to their safe driving.

Nevertheless, without a motorcycle driver's license, the defendant neglected the front side and the right side side side side side side side of the victim C (the age of 45) who crosses the road from the right side of the defendant's driving direction to the left side of the road due to the occupational negligence done by the defendant.

As a result, the Defendant suffered injury to the victim, such as the cutting of the body at the bottom of the aggregate which requires approximately eight weeks of medical treatment.

2. The Defendant violated the Road Traffic Act (unlicensed Driving) and drive a 125cc motor vehicle without obtaining a license for a motorcycle at the distance of about 3 km from the intersection of the E University located in Nam-gu, Busan to the location of the accident as referred to in paragraph (1).

3. The Defendant in violation of the Guarantee of Automobile Accident Compensation Act is a person holding an engine 125cc. Engine.

The Defendant operated the above motorcycle at approximately 3 km from the K University Intersection in Nam-gu, Busan to the location of the accident referred to in paragraph (1) without purchasing a mandatory insurance policy for temporary border, such as Paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. C statement on the occurrence of a traffic accident;

1. Application of Acts and subordinate statutes to the register of driver's license, diagnostic certificate, accident site photographs, investigation report (investigation as to whether or not driving a suspect violates signals);

1. Relevant Article of the Acts concerning facts constituting an offense and the Act on Special Cases concerning Settlement of Traffic Accidents:

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