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(영문) 광주지방법원 2020.11.26 2020고단4962
교통사고처리특례법위반(치상)등
Text

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

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

The Defendant is engaging in driving service of the former 125CC type Mazar.

On March 28, 2017, at around 23:30 on the same day, the Defendant driving the above Otoba, without a motor device bicycle license, and proceeding front of the Seo-gu apartment in Gwangju, Seo-gu at an aesthetic speed from C to B apartment in the direction of B apartment.

On the other hand, I tried to turn to the left.

In such cases, the defendant engaged in driving of a motor vehicle has a duty of care to prevent accidents by reducing speed and accurately manipulating the steering direction and brakes.

Nevertheless, the defendant neglected to turn to the left without neglecting it, and caused the front quith part of the above Otoba, which was the front quith part of the road, to shocked the front quith part of the road, and turned off the Otoba.

이로써 피고인은 위와 같은 업무상 과실로 위 오토바이 뒷좌석에 타고 있던 피고인의 친구인 피해자 D에게 약 10주간 치료가 필요한 무릎뼈 골절 등의 상해를 입게 하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Statement on the occurrence of D traffic accidents;

1. Report on the occurrence of a traffic accident and the actual investigation report on the traffic accident;

1. Registers of driver's licenses;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Relevant laws concerning criminal facts, subparagraph 2 of Article 154 and Article 43 of the Road Traffic Act, Article 3 (1), the proviso of Article 3 (2) and Article 3 (7) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, the selection of fines;

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

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

1. The defendant, on the ground of sentencing of Article 334(1) of the Criminal Procedure Act, drives a motorcycle without obtaining a motorcycle license.

Due to an accident, a serious injury has occurred to the victim, and the damage has not yet been recovered properly.

except that this shall not apply.

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