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(영문) 부산지방법원 2020.08.19 2020고단2316
교통사고처리특례법위반(치상)등
Text

Defendant shall be punished by a fine of 300,000 won.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

[criminal power] On April 1, 2020, the Defendant was sentenced to imprisonment with prison labor for one year and a fine of one million won in the Busan District Court for forging private documents, etc., and the above judgment was finalized on April 9, 2020.

【Criminal Facts】

On December 28, 2019, the Defendant, without obtaining a license for a motorcycle on December 18, 2019, driven the MaW125, 125, MW125, and proceeded with a one-lane road in front of the D-do located in the Busan Shipping Daegu C, Busan, into the E-market bank.

Summary of Evidence

1. Defendant's legal statement;

1. Registers of driver's licenses;

1. Previous records of judgment: Criminal records, inquiry reports, and application of statutes governing judgment;

1. Relevant Article of the Criminal Act and Articles 154 subparagraph 2 and 43 of the Road Traffic Act, the choice of fines for the crime, and the selection of fines;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The Defendant of the charge of not guilty portion of Article 334(1) of the Criminal Procedure Act (hereinafter “W125”), who is engaged in the driving of Oratoba in WW125 cc., was driving on December 28, 2019 without obtaining a motorcycle license on December 18, 2019, driving a one-lane road in front of the D in Busan Shipping Daegu, Busan, at a speed of about 50 km from the lower bank to the lower bank in the E market.

Since there was a road installed between a large number of commercial buildings, in such a case, the driver had a duty of care to prevent accidents by accurately operating the front section and the left and right, and by accurately operating the steering system.

Nevertheless, the Defendant neglected to do so and proceeded on the road as it is, and thereby, got the victim F (ma, 60 years old), who crossed the road to the right side from the left side of the Defendant’s running direction, to the front side of the above Oba.

Ultimately, the Defendant suffered injury, such as “influence aggregate,” which requires approximately seven weeks of treatment, by occupational negligence, to the victim.

2. Determination

A. The gist of the defendant's and his defense counsel's assertion

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