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(영문) 대구지방법원 김천지원 2018.10.17 2018고단731
교통사고처리특례법위반(치상)등
Text

Defendant shall be punished by a fine of KRW 500,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

On December 21, 2017, the Defendant driven a non-registered bicycle that was not covered by mandatory insurance on the front side of the D, which is located in the Gu-U.S. Si (U.S.) Si (C) around 21:35.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A report on the occurrence of a traffic accident and a actual survey report;

1. Application of Acts and subordinate statutes to mandatory insurance;

1. Relevant Article 46 of the Act concerning facts constituting an offense, and Article 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Compensation for Motor Vehicle Damages, and Selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The part dismissing a public prosecution under Article 334(1) of the Criminal Procedure Act against the order of provisional payment

1. The Defendant is a person who drives a bicycle with an unregistered 125cc motor device.

On December 21, 2017, the Defendant driven a bicycle with the above engine device around 21:35, and led the Defendant to drive along the three-lanes of four-lanes from the front side of the apartment apartment to the private distance of the race on the front side of the Gumi-si, Gumi-si.

At night, a person engaged in driving of the motor device bicycle has a duty of care to safely drive the steering gear by accurately manipulating the steering right and the steering system.

However, the Defendant was the victim of the bicycle front of the Defendant’s driving engine device due to the negligence of neglecting his duty of care in the front line and failing to properly operate the steering gear.

As a result, the Defendant suffered injury, such as a felball, which includes approximately 10 weeks of medical treatment, from the victim E due to such occupational negligence.

2. This part of the judgment is an offense falling under Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Article 268 of the Criminal Act, and is not prosecuted against the victim’s express intent pursuant to the main sentence of Article 3(2) of the Act on Special Cases concerning the Settlement of Traffic Accidents.

According to the records, the victim shall be punished for the defendant after the prosecution of this case was instituted.

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