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(영문) 울산지방법원 2016.12.09 2016고정1187
도로교통법위반(무면허운전)등
Text

Defendant shall be punished by a fine of KRW 4,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant is a person engaging in driving a rocketing vehicle B.

1. Around 20:00 on August 7, 2016, the Defendant driven the said vehicle without a driver’s license for the vehicle from the front day of the “hive club” to the front day of the “hiver club” in the Ulsan-si Multi-ro, Ulsan-si, Ulsan-si, to the front day of C.

2. The Defendant violated the Special Act on the Settlement of Traffic Accidents: (a) driven the said vehicle without a driver’s license at a time and at the same time while driving the said vehicle; and (b) carried the side road of the front of the Jung-gu Seoul Metropolitan City D from the center of the Damb

In such cases, a person engaged in driving of a motor vehicle shall accurately operate the steering system, brakes, and other devices of the motor vehicle, and shall not drive the motor vehicle at a speed or in such a manner as to inflict any danger and injury on others according to the traffic conditions of the road and the structure and performance of the motor vehicle, and has the duty of care to prevent accidents in advance by reporting the traffic situation well and safely.

Nevertheless, the defendant neglected to take the part on the left side of the victim E-owned bicycle, which was set up on the right side of the marine vehicle's way before the marine vehicle, and had it go beyond the front side of the marine vehicle.

The bicycle faces with the part of the victim F (the 60-year old, female) who was on the right side while the bicycle goes beyond the right side due to its shock, and the victim suffered injury due to open wound of the following leg's unknown part requiring approximately four weeks medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. A survey report on actual conditions, a traffic accident occurrence report, and a diagnosis report;

1. Application of Acts and subordinate statutes for reporting internal accidents;

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

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