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(영문) 대구지방법원 김천지원 2019.10.31 2019고정238
교통사고처리특례법위반(치상)등
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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

The Defendant is a person who is engaged in driving a license plate 125cc.

1. On September 13, 2018, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) driven the above motorcycle on September 13, 2018 without a license for a motorcycle, and led the two-lane of the two-way two-way two-way two-way two-way two-way two-way two-way two-way two-lanes from the surface of the parallel-lane.

In such a case, a person engaged in the Otoba driving has a duty of care to prevent accidents by accurately manipulating the steering direction and brakes, and by accurately manipulating the steering direction and brakes.

Nevertheless, the Defendant neglected to do so and stopped on the right side of the victim D(24 years old) driving, which was stopped for signalling at the front side of the course direction, and received the front part of the above Orala.

The defendant suffered, by these negligence, the above victim D was in danger of satise in need of medical treatment for about two weeks.

2. Violation of the Road Traffic Act (unlicensed Driving) the Defendant driven the above motorcycle at the above time and place without a motorcycle license.

3. The Defendant violated the Road Traffic Act by causing damage to the victim’s YFIS car repair cost, which is equivalent to KRW 1,002,186, to be effective, due to the occupational negligence in the above paragraph (a).

4. No person who violates the Guarantee of Automobile Accident Compensation Act shall operate any motor vehicle on a road which is not covered by mandatory insurance;

Nevertheless, the Defendant operated the mandatory insurance at the time and place of the above paragraph (a).

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

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

1. A diagnosis statement, estimate, or comparison with another person;

1. Registers of driver's licenses;

1. Application of the Acts and subordinate statutes of the Information Society on Mandatory Insurance.

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