Text
Defendant shall be punished by imprisonment without prison labor for August and fine for 200,000 won.
If the defendant does not pay the above fine, 100.
Reasons
Punishment of the crime
On February 18, 2015, at around 01:15, the Defendant, while driving a motor engine 100cc occ (Cice II) without obtaining a bicycle driver's license, driven the front D road located in Gangseo-gu Busan Metropolitan City at a speed of about 40 km from the seaside to the speed of about 5 km from the seaside, the Defendant neglected the duty of care to operate the brake system accurately without a driver's license, while he neglected to operate the brake system accurately without a driver's license, even under the circumstances where he was able to operate the brake system properly, without operating the brake system properly and without operating it, and going beyond the occa due to negligence going through without operating it, and the victim E (E, 32 years of age) who was on the rear occ oba, and was on the back oba.
As a result, the Defendant suffered from the injury of the victim due to the above occupational negligence, such as the number of scamblings and other damage of unknown details, etc.
Summary of Evidence
1. Defendant's legal statement;
1. A protocol concerning the suspect examination of the accused;
1. Application of Acts and subordinate statutes to traffic accident reports, on-site photographs, and diagnostic certificates;
1. Article 3(1) and the proviso to Article 3(2)7 of the Act on Special Cases concerning the Settlement of Traffic Accidents; Article 268 of the Criminal Act; Article 154 Subparag. 2 and Article 43 of the Road Traffic Act; the selection of fines;
1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 3 and 50 of the same Act, which aggravated concurrent crimes;
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. Grounds for sentencing under Article 62 (1) of the Criminal Act;
1. Where the aggravated area (from August to January 6) (in special circumstances), the aggravated area (from August to June) of the first type of general traffic accident (the scope of recommendations) has occurred (the first class).
2. The crime of violating the Act on Special Cases concerning the Settlement of Traffic Accidents is committed in consideration of the fact that the defendant has no criminal history of the same kind of crime against the defendant, the degree of negligence is not significant due to negligence, and the mistake is against the defendant.