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(영문) 대구지방법원 2014.02.13 2013고단6436
교통사고처리특례법위반등
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Defendant shall be punished by imprisonment without prison labor for up to six months and a fine of up to 300,000 won.

If the defendant fails to pay the above fine, 50,000.

Reasons

Punishment of the crime

1. The Defendant in violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents is a person who is engaged in driving service B10cc.

On October 30, 2013, at around 06:45, the Defendant driven the above motorcycleba without a motorcycle driver's license, and moved down the front road of the waterside hotel located in Daegu Pungdong in the direction of the entrance of the waterside basin in the direction of the waterside.

Since there was an intersection in which crosswalks are installed, the driver of the off-road has a duty of care to safely drive by checking the left, the right, and the front and rear.

Nevertheless, the defendant neglected this and entered the crosswalk by leaving the right-hand side of the crosswalk, and the part of the bridge of the victim C (56 years old) who walked along the crosswalk from the left-hand side of the defendant's proceeding to the right-hand side of the crosswalk was taken front of the defendant's right-hand side.

The Defendant suffered from an injury, such as a ductating the 2nd century, which requires approximately five weeks of treatment by occupational negligence, to the victim.

2. On the same date and time as a motorcycle driver’s license, the Defendant, without a motorcycle driver’s license, driven approximately KRW 1 1 km from the front side of the site, apartment house located in the Daegu Suwon-gu Waterdong, to the front side of the same water hotel located in the same Gu.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. C’s statement;

1. The actual condition survey report;

1. Registers of driver's licenses;

1. Disqualifications of the main office;

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

1. Article 3 (1), Article 3 (2) (proviso) 6 and 7 of the Act on Special Cases concerning the Handling of Traffic Accidents and Special Cases concerning the Selection of Punishment, Article 268 of the Criminal Act, Article 154 subparagraph 2 of the Road Traffic Act, Article 154 and Article 43 of the Road Traffic Act concerning facts constituting an offense;

1. Of concurrent crimes, the former part of Article 37 and Article 38 (1) 3 of the Criminal Act;

1. Detention at a workhouse;

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