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(영문) 대구지방법원 2017.07.13 2017고단2463
교통사고처리특례법위반(치상)등
Text

Defendant shall be punished by a fine of KRW 3,500,000.

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

Reasons

Punishment of the crime

On April 4, 2017, the Defendant driven a motor engine device bicycle driver's license on 20:20, a non-registered 100 Oral cat, thereby driving the front road in Yongcheon-si with a gold protection from the front bank.

At the time, it was night and there was no distinction between the roadway and India, so in such a case, a person engaged in the motor device bicycle driving has a duty of care to care in advance to prevent accidents by accurately manipulating the steering gear and the steering gear.

Nevertheless, the defendant did not discover the victim D (the age of 83) who is standing on the right side of the road along the direction of the defendant's proceeding by negligence while driving the road as it is, and did not get the victim to go beyond the road.

As a result, Defendant 1 suffered injury, such as the pressure frame No. 2, which requires approximately 10 weeks of treatment due to such occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes to the ledger of driver's licenses, accident scene photographs, actual survey report, and medical certificate;

1. Relevant Article of the Act on Special Cases Concerning the Settlement of Traffic Accidents and Articles 154 subparagraph 2 and 43 of the Road Traffic Act (unlicensed Driving), 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, the selection of fines (including cases where the defendant agreed smoothly with the victim, etc.);

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 38 (2), and 50 of the said Act (within the scope of the sum of long-term punishment);

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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