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(영문) 전주지방법원 2017.11.14 2017고정528
교통사고처리특례법위반(치상)등
Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. The Defendant is a person who drives a two-wheeled vehicle B YF-R3, under the YZF-R3, in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents.

On April 15, 2017, the Defendant driven the above two-wheeled vehicle on April 15, 2017, and continued to run the front hole in the previous Kim Jong-si C.

Since people have gathered in the place of smoking, the driver has a duty of care to live well on the right and the right and the right and the right and the right, and to operate the steering system and the system accurately.

Nevertheless, the Defendant neglected this and caused the victim E ( South, 22 years old) (in the front right side of the said two-wheeled vehicle by negligence when he neglected to conduct the front vision without the driver's license of the two-wheeled vehicle.

Ultimately, the Defendant suffered injury, such as the 1 cage cage cage cages, etc., from the above victim due to the above occupational negligence for about four weeks.

2. Around 00:30 on April 15, 2017, the Defendant, without a two-wheeled vehicle driver’s license, driven a B YF-R3 two-wheeled vehicle at approximately 500 meters away from the G convenience point in F from the front of the D in Kim Jong-si, without a two-wheeled vehicle driver’s license, again drive a B YF-R3 two-wheeled vehicle at approximately 500 meters to the front of the D.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

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

1. Evidence and photographs of the traffic accident scene;

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

1. Article 3(1) and the proviso to Article 3(2) of the Act on Special Cases concerning the Settlement of Traffic Accidents under the relevant Act concerning criminal facts; Article 268 of the Criminal Act; Article 152 Subparag. 1 and 43 of the Road Traffic Act;

1. Selection of each alternative fine for punishment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The fact that an agreement has been reached with the victim on the reason of sentencing under Article 334(1) of the Criminal Procedure Act, the fact that the defendant had no criminal record, and the circumstances and result of the instant accident, and the age, occupation, living environment, etc. of the defendant.

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