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(영문) 부산지방법원 동부지원 2020.04.17 2019고단2295
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for up to eight months and a fine of up to 300,000 won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

1. On November 2, 2019, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) driven a 125cc ELM license without registration on November 2, 2019, and led the Defendant to proceed to the written direction on the side of the camping region in Busan, Jin-gu.

Since the above place is an intersection with a signal apparatus installed, the defendant has a duty of care to safely pass along according to the traffic signal, even if the defendant was due to the occupational negligence in the course of the cross-road crossing, and caused the victim B (44 years old) driver's two-wheeled automobile driving through the intersection under normal signals from the right side of the defendant's course to the left side, resulting in the victim's injury to the victim by shocking the two-wheeled automobile driving the victim B (44 years old) driving through the intersection under normal signals, which requires about 10 weeks medical treatment.

2. The Defendant violated the Guarantee of Automobile Accident Compensation Act, as the owner of a motor bicycle without registration under paragraph (1), driven the said motor bicycle on the road, which was not covered by a mandatory insurance, around November 23, 2019, as prescribed in paragraph (1).

3. On November 2, 2019, the Defendant driving a motor bicycle without obtaining a motorcycle driver’s license (unlicensed driving) and driving the said non-registration 125c ELL, as prescribed in paragraph 1, on November 2, 2019.

Summary of Evidence

1. Defendant's legal statement;

1. Each report on actual condition;

1. The ledger of driver's licenses;

1. Mandatory insurance;

1. A written statement of occurrence of a traffic accident;

1. Application of Acts and subordinate statutes to medical certificates;

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents by the Selection of Punishment, Article 268 of the Criminal Act, subparagraph 2 of Article 154 and Article 43 of the Road Traffic Act, Article 46 (2) and the main sentence of Article 8 of the Automobile Accident Compensation Guarantee Act (the point of operating mandatory insurance and the choice of imprisonment);

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

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