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(영문) 수원지방법원 2018.06.07 2018고정706
교통사고처리특례법위반(치상)등
Text

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

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. The Defendant is a person engaged in driving a unregistered two-wheeled motor vehicle (a mixed, 125C).

On February 11, 2018, the Defendant driven the above two-wheeled vehicle on February 11, 2018, and proceeded at the speed of the two-way road C, which is located in B, from the room of the two-way office to the south of the direction.

A driver of a two-wheeled motor vehicle shall wear and operate a life protection gear prescribed by Ordinance of the Ministry of Administrative Safety and Security, and he/she has a duty of care to prevent accidents by safely operating the mechanical device, such as hand hand, etc. in a correct manner.

However, the defendant neglected to do so and caused the above two-wheeled vehicle to go on the road along with the two-wheeled vehicle, and the victim D (ma, 1986) who was accompanied by the back seat in the road.

Ultimately, the Defendant suffered injury to the victim, such as a peltoma, which requires approximately four weeks of medical treatment due to occupational negligence as above.

2. The Defendant in violation of the Guarantee of Automobile Damage Compensation Act is a holder of a non-registered two-wheeled automobile (a mixed, 125C).

No automobile which is not covered by mandatory insurance shall be operated on a road.

However, the Defendant operated the two-wheeled automobile not covered by mandatory insurance at the time and place, such as Paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

1. An accident scene photograph;

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

1. Relevant legal provisions concerning criminal facts, Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act (the occupation of duties and negligence, selection of fines), Article 46(2)2 of the Guarantee of Automobile Compensation Act, and the main sentence of Article 8 (the occupation of operating a non-insurance or two-wheeled Motor Vehicle, and Selection of fines);

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

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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