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(영문) 창원지방법원 밀양지원 2017.05.11 2016고단524
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for not more than four months and by a fine not exceeding 300,000 won.

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

Reasons

Punishment of the crime

1. Violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents and the Violation of Road Traffic Act (Non-licensed Driving) Defendant, without obtaining a bicycle driver’s license for a motor device at around 16:30 on April 25, 2016, driving a non-registered 124cc cc-camba, and driving a non-registered 124cc-camba, thereby proceeding the intersection of the front three-way intersection in front of the east-cam C at a marri village speed from the middle distance on the side of

At the time, the Track in the victim E(71) driving is proceeding prior to the driving of the defendant, so in such a case, the person engaged in the operation of the Track is well aware of the situation of the Tracker, and if the Tracker stops, the Tracker has a duty of care to safely proceed so as to prevent the accident by securing safety distance to avoid the collision.

Nevertheless, the defendant neglected to do so and tried to move to the left side of the Tracter by occupational negligence, which led to a sudden detection of the Tracker's Tracker who was going to turn to the left at the point of the Macter, and was working to avoid the collision. However, the defendant's Hacker's Track part was not sufficient and the left part of the Tracter's left side was shocked.

As a result, the Defendant suffered injury to the victim, such as brain salvination, which requires approximately two weeks of medical treatment, due to such occupational negligence.

2. Although the Defendant was prohibited from operating the vehicle on the road that was not covered by mandatory insurance in violation of the Guarantee of Automobile Compensation for Damages, the Defendant operated the vehicle on the road at the same time and at the same place as that of the above 1.

Summary of Evidence

1. Statement protocol by the police for E;

1. Police seizure records;

1. Medical certificates (E);

1. A motor vehicle driver's license ledger and a written inquiry about the main office;

1. An inquiry report and a mandatory insurance inquiry report;

1. A comprehensive analysis of traffic accidents;

1. Application of the actual survey report and photographs related to traffic accidents Acts and subordinate statutes;

1. Criminal facts;

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