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(영문) 창원지방법원 진주지원 2017.09.01 2017고정278
교통사고처리특례법위반(치상)등
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A defendant shall be punished by a fine of 500,000 won.

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

Reasons

Punishment of the crime

The defendant is engaged in the business of driving a unregistered motorcycle.

On January 31, 2017, the Defendant, without obtaining a bicycle driver's license for a motor device 09:25 on January 31, 2017, driven the above Oba, and driven the front distance in front of the Haba-gun, Chungcheongnam-gun, the Defendant driven the Haba to another bus terminal from the direction of the Haba-gun.

Since there is a place where traffic control is not supported, a person engaged in driving service has the duty of care to confirm whether there is a cross-road vehicle by reducing speed or temporarily suspending it.

Nevertheless, by negligence, the part behind the driver's seat of the victim C( South, 29 years old) driving that was directed toward the post office of the Jingu ICT was shocked by the front part of the Oral wave.

As a result, the Defendant caused by occupational negligence to inflict an injury upon the victim requiring approximately two weeks of medical treatment of the left-hand bed base.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. An accident scene photograph;

1. The driver's license ledger;

1. Statement made by the police against C;

1. A medical certificate;

1. Application of Acts and subordinate statutes to photographs of stophographs;

1. Article 154 subparagraph 2 of the Road Traffic Act and Article 43 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 3 (1) and the proviso to Article 3 (2) 7 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act concerning criminal facts;

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. It is so decided as per Disposition on the grounds of Article 334(1) or more of the Criminal Procedure Act.

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