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(영문) 서울북부지방법원 2016.10.20 2016고단3274
교통사고처리특례법위반등
Text

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

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

Reasons

Punishment of the crime

The Defendant is a person engaged in driving a two-wheeled vehicle B 124CC.

On April 24, 2016, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents, driving the above vehicle without a motorcycle driver's license on April 13:10, and driving the front side road of Dongdaemun-gu Seoul Metropolitan Government along the street from the front side of the farm market at an irregular speed in the direction of the next three complex in the front side of the farm market, thereby passing through the intersection where traffic is not controlled.

In such cases, when a person engaged in driving of a motor vehicle intends to enter the intersection at the same time with the same priority order, he/she has the duty of care to prevent accidents in advance by concessioning the way to the right-hand side.

Nevertheless, the Defendant neglected this and proceeds as it is.

Defendant

The victim D (the age of 13) who enters the intersection from the right side of the driving vehicle to the left side of the driving vehicle did not avoid the bicycle driven at an unforeseen speed, and the part of the bicycle driven by the victim was collisioned with the other side of the driving vehicle.

As a result, the Defendant suffered injury to the victim, such as “satisf on the side of the side,” which requires approximately two weeks of medical treatment due to such occupational negligence.

B. On the date and time set forth in the above paragraph (a) of the Road Traffic Act, the Defendant driven the said vehicle from the front road of 15-22 to the front road of Dongdaemun-gu Seoul, Dongdaemun-gu to the front road of the same Gu without a motorcycle driver’s license.

Summary of Evidence

1. Defendant's legal statement;

1. A's statement on the occurrence of traffic accidents;

1. A report on traffic accidents and a report on actual condition;

1. A medical certificate;

1. Application of the statutes on the register of driver's licenses;

1. Relevant legal provisions concerning criminal facts, Article 3(1) and proviso of Article 3(2)7 of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act, subparagraph 2 of Article 154 and Article 43 of the Road Traffic Act, and each fine shall be imposed;

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