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(영문) 서울북부지방법원 2014.01.23 2013고단3058
교통사고처리특례법위반등
Text

Defendant shall be punished by a fine of KRW 4,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

1. The Defendant violating the Act on Special Cases concerning the Settlement of Traffic Accidents is the person who is engaged in driving a motorcycle;

On September 27, 2013, the Defendant driven a motorcycle owned by the Defendant without a number plate around 09:27, and driven the front road of 500-2, Dongdaemun-gu, Seoul, Dongdaemun-gu, Seoul, along the two-lane distance from the front side of the Seoul National University, to a speed of about 40km in speed.

The driver of a motorcycle has a duty of care to check whether there is a person who gets on the way to see the front door well, and to prevent accidents in advance by driving safely.

Nevertheless, the defendant neglected this and found the victim C (58 years old) who was unclaimed on the right side from the left side of the roadway that the defendant passed without permission by negligence and caused the victim to face with the motor bicycle of the defendant.

Ultimately, the Defendant suffered injury to the victim due to such occupational negligence, such as external cerebral cerebrovascular surgery, which requires approximately five weeks medical treatment.

2. Notwithstanding the prohibition of operating on a road a motorcycle which is not covered by mandatory insurance in violation of the Guarantee of Automobile Accident Compensation Act, the Defendant operated a motorcycle which is not covered by mandatory insurance at the time and place specified in paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition of traffic accidents;

1. A medical certificate;

1. Application of Acts and subordinate statutes to investigation reports (Attachment of relevant Acts and subordinate statutes);

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, Article 268 of the Criminal Act, Article 46 (2) 2 and 8 of the Guarantee of Automobile Accident Compensation Act (the point of operating cars without mandatory insurance, the choice of fines);

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2 and (2), and Article 50 of the Criminal Act;

1. The Criminal Act for the detention of a workhouse;

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