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(영문) 광주지방법원 2016.06.02 2016고단560
교통사고처리특례법위반등
Text

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

2. Where the defendant does not pay the above fine.

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 a bicycle with engine devices.

On December 12, 2015, the Defendant driven a bicycle for a motor device without obtaining a driver's license for a bicycle for a motor device on December 22:17, 2015, and driven the Duski in front of the Duski, which is located in C, along the central shooting distance from the north north north-distance bank, one-lane of the two-lanes.

In such cases, a person engaged in driving service has a duty of care to prevent accidents in advance by safely driving the steering boat, such as accurately operating the steering boat and brake system.

Nevertheless, the defendant neglected to do so and proceeded on the left side of the running direction of the defendant, and the part of the bridge of the victim E (61 ) crossing the road to the right side was received as the front part of the motor device bicycle.

Ultimately, the Defendant suffered injury to the victim, such as the upper left-hand body and the upper body felball in need of approximately 14 weeks of treatment due to the above occupational negligence.

2. On December 12, 2015, the Defendant violated the Road Traffic Act (unlicensed Driving) driven a bicycle with the motor device specified in paragraph (1) at approximately 400 meters section from the front of the central elementary school located in the central road of the city of the city of the city of the city of the city of the city of the same city to the DNA Scki in the same city of the city of the same city without obtaining a bicycle driver’s license for a motor device.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of the actual survey report, diagnosis report, traffic accident evidence examination-related Acts and subordinate statutes;

1. Relevant Article 3(1) and the proviso to Article 3(2)7 of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment; Article 268 of the Criminal Act; Article 154 Subparag. 2 and Article 43 of the Road Traffic Act; Selection of each fine for a crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Articles 70(1) and 69(2) of the Criminal Act to attract a workhouse.

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