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(영문) 서울서부지방법원 2017.02.16 2016고단3453
교통사고처리특례법위반(치상)등
Text

Defendant shall be punished by imprisonment without prison labor for six months and by a fine of 300,000 won.

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

Reasons

Punishment of the crime

1. On August 19, 2016, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) driven a motor device or bicycle without a motor device driver’s license for a bicycle, and driven the motor device or bicycle in the direction of the end of the calendar distance from the backside of Eunpyeong-gu Seoul (Seoul) to the backside of the road.

At the time, the location of the accident is night, and the signal lights and crosswalks are installed, so in such cases, there was a duty of care to prevent the accident in advance by exercising due care to the driver in accordance with the front line.

Nevertheless, the Defendant neglected to do so and received the front part of the Defendant’s right side of the victim C's Da driving, which is facing the right side of the victim’s Da driving, facing the left side of the direction of the Defendant’s proceeding by negligence in contravention of the red flasing of the vehicle.

As a result, the Defendant suffered, by such occupational negligence, injury to the victim E, such as the destruction of a sacrife, which is not sufficient for the victim to receive approximately three weeks of medical treatment, and injury to the victim E, who was on the back of the damaged sacrife, such as the left-hand sacrife, which requires approximately two weeks of medical treatment.

2. On August 19, 2016, the Defendant violated the Road Traffic Act (unlicensed driving) driven B motor bicycle at a distance of approximately one kilometer from the new-dong road of Eunpyeong-gu to the reverse village of Eunpyeong-gu without obtaining a bicycle driver's license for a motor device and bicycle on August 19, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. The driver's license ledger;

1. Each written diagnosis;

1. Application of field photographs and accident vehicle photographs, photo of witnesses boomers, and CD-related Acts and subordinate statutes;

1. Article 3 (1), the proviso to Article 3 (2) 1 and 7 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, subparagraph 2 of Article 154 and Article 43 of the Road Traffic Act concerning criminal facts;

1.Article 40 of the Criminal Code of Trade and Trade.

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