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(영문) 대구지방법원 서부지원 2019.03.21 2017고정849
교통사고처리특례법위반(치상)등
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

The defendant is a person who drives BITI100 97.1C. Occ.

1. On August 11, 2017, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) driven the above Obane without obtaining a license for a motorcycle around 10:05, and driven the front crosswalk in Daegu Seo-gu, Seogu, by flying off or underground railing off the front crosswalk with a flying four-distance width.

Since the location is in which crosswalks are installed, the person engaged in driving service has a duty of care to check whether there is a person who gets on a road by reducing speed and checking the right and the right and the right of the road, and to safely drive the road to prevent accidents.

Nevertheless, the Defendant neglected to do so and went along as it is, due to the negligence of flying off off the sloping distance, and the her amblock of the victim E (the amb, 81 years old) who is walking along the crosswalk was her quith in front of the ambath.

Ultimately, the Defendant suffered injury to the victim through occupational negligence, such as salt, tension, etc. of the bones of wood that requires approximately three weeks of medical treatment.

2. The Defendant violated the Road Traffic Act (free license) without obtaining a license for a motorcycle at a section of about 20 meters away from the crosswalk, which is located in Daegu-gu, Daegu-gu, as stated in paragraph (1) of the same Article, on the front of D, and driving the above motorcycle.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. A medical certificate;

1. A report on the occurrence of a traffic accident, a survey report on actual condition, a photo at the scene of an accident, and a survey report (to attachCCTV images);

1. Application of the driver's license ledger and the Acts and subordinate statutes of the next red inquiry;

1. Relevant legal provisions concerning criminal facts, Articles 3(1), 3(2) (proviso)6 and 7 of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act, Article 154 subparagraph 2 of the Road Traffic Act and Article 43 of the Road Traffic Act;

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