logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울서부지방법원 2018.08.23 2017고단3873
교통사고처리특례법위반(치상)등
Text

Defendant shall be punished by imprisonment without prison labor for ten months and a fine of three hundred thousand won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

1. The Defendant violates the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) is a person who is engaged in the operation of the Mixed PCX125 FI motor bicycle riding.

On November 3, 2017, the Defendant operated the motor device bicycle without obtaining a motor device bicycle license from around 20:09, and operated the three-lane road in front of Yongsan-gu Seoul Metropolitan Government building along the one-lane in the direction of its intersection from the south of the intersection to the intersection.

Since there is a place where the center line of yellow solid lines is installed, a person engaged in driving motor vehicles has a duty of care to properly see the front, rear and left, accurately operate the steering system, and prevent accidents, such as not harming the center line, etc.

Nevertheless, the defendant, without accurately examining whether there is a vehicle driving on the opposite road, has a collision between the victim D(35) operating ENY125D motor bicycle running along the opposite road due to the occupational negligence of the yellow domin line in order to enter the opposite road.

Ultimately, the Defendant caused injury to the victim by occupational negligence, such as the left-hand slots that require approximately 12 weeks of treatment.

2. On November 3, 2017, the Defendant, at around 20:09, driven B mixed-type PCX125FI bicycle without obtaining a motor device bicycle license from the front day of Yongsan-gu Seoul to the front day of the building in Yongsan-gu Seoul, Yongsan-gu to approximately 1.2km.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on traffic accidents and a survey report on actual condition;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and the Selection of Punishment, Article 3(2)2 and 7 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act (the occupation of occupational and de facto occupation, the choice of imprisonment without prison labor), and Article 268 of the Criminal Act.

arrow