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(영문) 부산지방법원 2016.09.30 2016고단4108
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. The defendant is a person who is engaged in driving a motor device or bicycle without a license plate in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents.

On June 18, 2016, the defendant operated a bicycle for the above engine device around 10:30 on June 18, 2016, and the house adjacent to the C agency located in Busan Jin-gu B was crossing the sidewalk at a speed that could not be known, and became straight.

At the time, since there was a person crossing the sidewalk in the day, there was a duty of care to temporarily stop immediately before crossing the sidewalk to a person engaged in driving a motor vehicle, check that there was no pedestrian driving on the left side and the right side, and drive the motor vehicle not to obstruct the passage of pedestrians.

Nevertheless, the Defendant neglected to do so and did not temporarily stop, and driving a sidewalk as it is, but did not drive it, and caused the victim to go beyond the ground by negligence over the victim D (W, 73 years old) who was fright to drive.

As a result, the Defendant suffered injury to the victim by occupational negligence during the 10-day period of medical treatment between the former and the former, which requires approximately 10 weeks of treatment.

2. The Defendant in violation of the Guarantee of Automobile Compensation Act is the actual holder of CT10 motor bicycle without a license plate.

No automobile which is not covered by mandatory insurance shall be operated on a road.

Nevertheless, the defendant operated the motor bicycle that is not covered by mandatory insurance at the same time and place as mentioned in paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A traffic accident report;

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

1. Article 3(1) and the proviso of Article 3(2)9 of the Act on Special Cases concerning the Settlement of Traffic Accidents (hereinafter “Special Cases”), and Article 268 of the Criminal Act (hereinafter “Special Cases concerning the Settlement of Traffic Accidents”) concerning criminal facts.

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