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(영문) 서울중앙지방법원 2018.10.31 2018고단3460
교통사고처리특례법위반(치상)등
Text

Defendant shall be punished by imprisonment without prison labor for not less than four months and by a fine not exceeding 300,000 won.

If the defendant does not pay the above fine, 100.

Reasons

Punishment of the crime

1. The Defendant violates the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) is a person engaging in driving a two-wheeled vehicle C mixed WW125.

On March 8, 2018, the Defendant driven the above two-wheeled vehicle on March 19:35, 2018, and driven the two-lanes in front of the shooting distance in the Gwanak-gu Seoul Special Metropolitan City, Seoul Special Metropolitan City, along the shooting distance in the modern market.

In such cases, the driver of the motor vehicle has a duty of care to check whether there is any person driving the motor vehicle, who is driving the motor vehicle, and to safely drive the motor vehicle to prevent the accident by safely driving the motor vehicle.

Nevertheless, the Defendant neglected this, while driving a vehicle without obtaining a driver's license, was placed on the right side of the victim D (W, 61 years old) who crosses the crosswalk in accordance with the new subparagraph from the left side of the direction of the proceeding, and received the front side of the two-wheeled automobile.

Ultimately, the Defendant suffered injury to the victim, such as the 12 weeks of treatment, due to such occupational negligence.

2. The Defendant violated the Road Traffic Act (unlicensed Driving) was driving a two-wheeled vehicle without obtaining a driver’s license in a section of approximately 500 meters from the 46-ro to the 46-ro, Seoul Special Metropolitan City at the same time and from the 46-ro, Seoul Special Metropolitan City, to the 49-ro, instead of obtaining a driver’s license.

Summary of Evidence

1. The defendant's partial statement

1. A written statement on the occurrence of D traffic accidents;

1. The injury suffered by the victim of a medical certificate is recognized as having a substantial causal relationship with the further expansion due to traffic accidents.

1. Application of Acts and subordinate statutes to the ledger of driver's licenses;

1. Article 3(1) of the Act on Special Cases Concerning the Settlement of Traffic Accidents, Article 3(2) proviso, Article 6 and 7 of the Act on Special Cases Concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 154 Subparag. 1 of the Road Traffic Act.

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