(영문) 대구지방법원 서부지원 2016.06.10 2016고단323

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(영문) 대구지방법원 서부지원 2016.06.10 2016고단323

교통사고처리특례법위반등

Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving BW50CC 100.

On January 9, 2016, the Defendant, without obtaining a driver's license for a motor motor device and bicycle, proceeded along the four-lane road in front of the D cafeteria located in Daegu-gu, Seogu, with the four-lane four-lane radius from the four-lane boundary of this Ri, and changed the course to the six-lane.

At the time, the Defendant changed the vehicle line. Therefore, the Defendant had a duty of care to safely change the vehicle line by accurately operating the steering direction and brake system, and with a motor device bicycle driver's license, the Defendant had a duty of care to drive the vehicle.

Nevertheless, the Defendant was driven by the victim E by negligence when he neglected his duty to view on the right and the right without obtaining a motor device bicycle driver's license.

FMX125CC's left-hand part of the upper-hand side of the PW50CC and caused the damaged vehicle to go beyond the damaged vehicle.

As a result, the defendant driving the above SW50CC 100CC without obtaining a bicycle driver's license for the motor, and due to negligence in the course of business, the defendant suffered approximately eight weeks of treatment to the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. A survey report on actual conditions;

1. The driver's license and the vehicle register;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 3(1) and the proviso of Article 3(2)7 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 154 Subparag. 2 and Article 43 of the Road Traffic Act (in the event of an injury inflicted on the victim), the choice of fines (in the case of an injury without a license) for each of the crimes of this case, although the defendant is not less vulnerable, there is no record of criminal punishment, there is no record of criminal punishment, that the injured person cannot be punished by the defendant by agreement with the victim, that liability insurance is subscribed on the part of the accident, that is, the defendant's age.

참조조문

-교통사고처리 특례법 제3조 제1항

-형법 제268조

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