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A defendant shall be punished by imprisonment with prison labor for not more than four months and a fine not exceeding three hundred thousand won.
When the defendant does not pay the above fine.
Reasons
Punishment of the crime
1. Around 16:50 on May 27, 2014, the Defendant driving a motor vehicle without obtaining a motorcycle driver’s license in approximately 2 km section from the 22-km-ro 119, Suwon-si, Suwon-si, Suwon-si, to the front road of Suwon-si, Suwon-si, and DCA110 motor vehicles without obtaining a motorcycle driver’s license.
2. The Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (DCA 110 Oralba, as indicated in paragraph (1) around 16:50 on May 27, 2014, driving the ke in front of Suwon-si C without a motorcycle driver’s license, and driving the ke in front of Suwon-si C from the direction of the new apartment.
Since there is a narrow sloping road where the passage of pedestrians is frequent, there was a duty of care to reduce the speed to a person engaged in driving a motorcycle and to prevent accidents by properly examining whether there is a pedestrian or not.
Nevertheless, the defendant neglected to do so and neglected to do so, the defendant got the victim E (five years of age) crossing the left-hand side from the right-hand side of the defendant's proceeding direction to go beyond the ground.
As a result, the Defendant, by occupational negligence, escaped without immediately stopping the victim and without taking necessary measures, such as providing rescue to the victim, even though he/she injured the victim with an open room for approximately three weeks of treatment.
Summary of Evidence
1. Partial statement of the defendant;
1. The statement of each police officer made to F and G;
1. A traffic accident actual condition survey report and a traffic accident occurrence report;
1. Registers of driver's licenses;
1. A medical certificate;
1. Application of accident site photographs and Acts and subordinate statutes governing victim photographs;
1. Article 5-3(1)2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, Article 154 subparag. 2 of the Road Traffic Act concerning criminal facts, and Article 5-3(1)2 of the Act on the Aggravated Punishment, etc. of Specific Crimes.