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Defendant shall be punished by a fine of one million won.
If the defendant does not pay the above fine, KRW 100,000.
Reasons
Punishment of the crime
The defendant is a person who is engaged in driving a motorcycle of 0.58 kilowatt of rated power.
1. Around August 27, 2019, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) was driving the said motor on the front side of the Southern-gu B apartment, Ulsan-gu, and was driving on the rear side of the front side in the direction of the riverside, along with the direction of the riverside.
In such cases, the driver of a motor has a duty of care to properly examine the traffic situation of the frontway and to properly operate the steering and brakes so as to prevent traffic accidents.
Nevertheless, the defendant neglected to do so and went on as is, due to negligence, received the parts of the body back of the victim C (the age of 22) who was walking along the back road before the running direction of the defendant, in front of the motor.
Accordingly, the above victims suffered injuries, such as cage cages and tensions, which require approximately two weeks of medical treatment.
2. The Defendant violated the Road Traffic Act (unlicensed Driving) at the same time and place as that set forth in the preceding paragraph, operated the said motor from the Ulsan-gu D apartment parking lot to the point of the said accident without a motorcycle driver’s license.
Summary of Evidence
1. Defendant's legal statement;
1. A report on the occurrence of a traffic accident, a report on the actual condition, and an accident-related photograph;
1. C's written statement of the victim's own written statement;
1. A written diagnosis of victims;
1. Application of Acts and subordinate statutes to the driving license ledger;
1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents by the Selection of Punishment, Article 268 of the Criminal Act, subparagraph 2 of Article 154, Article 43 of the Road Traffic Act, and the selection of fines, respectively;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (within the scope of the aggregate of the maximum amounts of two crimes, the aggravation of concurrent crimes prescribed in the Act on Special Cases concerning the Settlement of Traffic Accidents) among concurrent crimes;
1. Articles 70(1) and 69(2)1 of the Criminal Act for the detention of a workhouse;