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(영문) 서울동부지방법원 2013.03.14 2013고정529
교통사고처리특례법위반등
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

The defendant is a person who, without a motorcycle driver's license, drives a motor bicycle 49cc. without a license for a motor bicycle.

1. On July 10, 2012, at around 22:00, the Defendant driven the above motorcycle on a road that does not run a motor vehicle for 6-1 front of the Seoyang-dong, Gwangjin-gu, Seoul, and proceeded on the two sides to the direction of the fluence from the fluence to the fluence.

In this case, it is a frequent road with frequent traffic of people, and there was a duty of care to prevent accidents by making a person engaged in driving service well see the boom and left and right, and by accurately manipulating the steering gear and brakes.

Nevertheless, the defendant neglected this and knee in the left side of the victim B (Nam, 19 years old) who walked in the right side of the course from the right side of the course to the left side of the opposite line, was shocked by being loaded on the motor bicycle driven by the defendant.

Ultimately, the above negligence caused injury to the victim in need of approximately two weeks of medical treatment, such as the left-hand sleep, the left-hand sleep, the left-hand slick, etc.

2. At the above time, the Defendant is driving the above motorcycle at approximately 100 meters without obtaining the driver’s license for the motorcycle from the upper end of the motor vehicle in Gwangjin-gu, Seoul to the above accident site.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning B;

1. Investigation report on the actual condition of traffic accidents, and the register of driver's licenses;

1. Application of the medical certificate, each photographic statute;

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) and the proviso to Article 3 (2) 7 of the Act on Special Cases concerning Settlement of Traffic Accidents in the Selection of Punishment, Article 268 of the Criminal Act, and subparagraph 2 of Article 154 and Article 43 of the Road Traffic Act;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (within the scope of the sum aggregated)

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The order of provisional payment order is issued for the reasons above Article 334(1) of the Criminal Procedure Act.

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