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Defendant shall be punished by imprisonment without prison labor for four months and by a fine of 300,000 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 motor device or bicycle.
1. On October 15, 2016, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) operated a bicycle with the motor device installed around 13:00, and transferred the bicycle to the two sides of Gangseo-gu Seoul Metropolitan Government C on the ground that he/she permitted delivery of the bicycle to the two sides.
In such cases, it was necessary to prevent accidents by safely driving a motor bicycle by safely driving it, such as taking the front door and left door well, and accurately operating the aromatic and brake system.
Nevertheless, the Defendant neglected to do so and received the victim D (31) who was walking alone due to negligence, and received the above delivery from the bicycle side of the motor device.
Ultimately, the Defendant suffered the victim’s left-hand salt and left-hand salt in need of approximately two weeks’ medical treatment due to the above occupational negligence.
2. The Defendant, who violated the Road Traffic Act (unlicensed Driving), driven the bicycle with the motor device without obtaining the motor device driver's license at the same time and place as the above paragraph 1.
Summary of Evidence
1. Statement by the defendant in court;
1. Application of Acts and subordinate statutes to photographs by cutting a survey report, a diagnosis report, a driver's license ledger of a motor vehicle, or a black boom;
1. Relevant Article 3 (1) and the proviso to Article 3 (2) 7 of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, Article 268 of the Criminal Act (the occupation of occupational and de facto occupation, the choice of imprisonment without prison labor), Article 154 subparagraph 2 and Article 43 of the Road Traffic Act (the occupation of driving without a license, the selection of fines) concerning criminal facts;
1. The former part of Article 37 of the Criminal Act and Article 38 (1) 3 of the same Act concerning the aggravation of concurrent crimes;
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. An order to attend a course under Article 62-2 of the Criminal Act;
1. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act with respect to the order of provisional payment: An agreement with the victim;
The defendant's negligence that caused an accident in India without a license is significant.