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(영문) 전주지방법원 2018.10.16 2017고단2488
교통사고처리특례법위반(치상)등
Text

Defendant shall be punished by imprisonment without prison labor for eight months and by a fine of thirty million 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 MPGJET 125cc c, in violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents.

On October 30, 2017, the Defendant, without obtaining a driver's bicycle license for a motor motor device, driven the above Oba, and passed the front crossing of the former branch office of the Ministry of Labor prior to the Ministry of Labor, from the Myeon to the Myeon, at a speed of about 20-30km from the Myeon to C, with the upper Myeon.

Since a crosswalk is installed on the front side, there was a duty of care to check whether a person engaged in driving service has a road to reduce speed and to check the front side and the left side well, and to drive safely.

Nevertheless, the defendant neglected to do so, and then found the victim E (at the age of 67) who was a cafeteria from the front branch office of the Ministry of Labor, which was employed by the defendant, and then delayed after the victim E (at the age of 67), suffered bodily injury, such as the mouth of the two ridges that require approximately 8 weeks of treatment to the victim due to his shock.

2. Violation of the Road Traffic Act (Non-licenseless Driving) Defendant 1 driven the BMGJET 125cc-in-land on the road of approximately approximately 1 km from the original studio in the west-gu, Jeonjin-gu, Jeondong-gu to the place in the above 1.m section without obtaining a license for a bicycle for a motor device at the time of the above 1.m.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

1. An accident scene photograph;

1. The driver's license ledger;

1. Statement protocol (E);

1. Diagnosis (i)

1. Application of Acts and subordinate statutes to a written statement of intent (whether serious injury is inflicted);

1. Article 3 (1), the proviso to Article 3 (2) 6 and 7 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, subparagraph 2 of Article 154, and Article 43 of the Road Traffic Act concerning criminal facts (a driver's license for a bicycle-free driver);

1. The punishment of imprisonment without prison labor shall be imposed on a violation of the Act on Special Cases concerning the Settlement of Traffic Accidents;

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