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(영문) 의정부지방법원 2014.04.25 2014고단596
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

A defendant shall be punished by imprisonment for not less than eight months and a fine not exceeding 100,000 won.

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

Reasons

Punishment of the crime

1. The Defendant is a person who is engaged in driving service of the 124CC Large VJF Orala in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Doing Vehicles) and the Road Traffic Act (Unlicensed Driving)

On January 15, 2014, the Defendant driving a motor bicycle around 20:20, without obtaining a motorcycle driver's license, and driving the 261-way road in the direction of the king-si from the direction of the king-si.

At the time, night and its location had a crosswalk where traffic signals, etc. are installed. Therefore, the driver of the motor bicycle has a duty of care to safely drive the motor bicycle according to the traffic signal and prevent the accident in advance.

Nevertheless, the defendant neglected this and went beyond the crosswalk by the defendant's negligence in violation of the traffic signal, thereby standing the victim C (W, 48 years old) who was standing on the left side of the right side of the defendant's Otoba in the right side of the road.

Ultimately, the Defendant got injury to the victim due to the above occupational negligence during approximately eight weeks of medical treatment, and escaped without taking necessary measures, such as aiding and abetting the victim.

2. No motorcycle that is not covered by mandatory insurance in violation of the Guarantee of Automobile Accident Compensation Act shall drive on a road;

Nevertheless, the Defendant operated the 124CC Large VJF Oba, which was not covered by mandatory insurance at the time and place specified in Paragraph 1.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement to C, D, and E;

1. The actual condition survey report;

1. Accident site and vehicle photograph;

1. The driver's license ledger;

1. Mandatory insurance policies;

1. Application of Acts and subordinate statutes of the Medical Certificate (C);

1. Criminal facts;

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