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(영문) 광주지방법원 2017.09.14 2017고단1085
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for not less than five months and by a fine not exceeding 300,000 won.

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

Reasons

Punishment of the crime

1. On February 27, 2017, the Defendant violated the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury), violation of Road Traffic Act (Unlicensed Driving), and violation of Road Traffic Act (hereinafter “Road Traffic Act”) led the Defendant to drive a 50cc otobane without obtaining a license for a motor device bicycle at around 15:00 on February 27, 2017, and drive the 50cc obane at the center of the Dobong-gu in Gwangju, the first way between the two-lanes in front of the shooting distance which is considered as the center of the Dobong-gu

At the same time, the signal, etc. is installed, so in such cases, the driver of the vehicle has a duty of care to reduce the speed, to live well before the vehicle, and to safely drive the vehicle in accordance with the traffic signals.

Nevertheless, due to the negligence of the defendant's failure in the front color, the defendant was placed on the right side of the victim B (the 50-year-old driver's license) driving in accordance with the new code from the right side of the defendant's proceeding to the left side.

Ultimately, the Defendant caused the victim D (88 tax) who was accompanied by the Defendant’s error in the above occupational negligence to suffer approximately 12 weeks of medical treatment, and at the same time damaged the said CA car by KRW 447,621.

2. No person who violates the Guarantee of Automobile Compensation shall operate any motor vehicle on a road which is not covered by mandatory insurance;

Nevertheless, Defendant 1 operated the aforesaid unregistered diaba, which was not covered by mandatory insurance at the same time and time as the above 1.1.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement prepared B;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. Photographss and accident site photographs after capturing the images;

1. The driver's license ledger;

1. A written diagnosis and written estimate;

1. Application of the notified legislation without registration;

1. Article 3(1) of the Act on Special Cases Concerning the Settlement of Traffic Accidents, Article 3(2)1 and 7 of the Act on Special Cases Concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act (the occupation in the course of business).

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