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(영문) 부산지방법원 2018.10.05 2018고정1282
교통사고처리특례법위반(치상)등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

1. On August 22, 2017, the Defendant: (a) driven an off-to-land without a motor device driver’s license from the Do in front of viewing in the center of the Busan B-gu, Busan around 18:5 to the front road located in the same Gu; and (b) drive an off-to-land without a motor device driver’s license.

2. Violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) led the Defendant to drive a motor vehicle and the above C ahead of the road along the two-lanes from the viewing side to the intersection of the annual clock, while moving along the two-lanes from the viewing side to the intersection.

In such cases, the driver of any motor vehicle has a duty of care to safely change the vehicle line by examining whether there is another motor vehicle that is driven on the vehicle line before changing the vehicle line.

Nevertheless, the Defendant neglected this and caused approximately three weeks to the victim F, who was on the back of the Oral Traba, by driving a motor device bicycle without a bicycle driver's license and changing the lane into a one-lane only, and the victim D driven at a one-lane. The victim F, who was on the back of the Oral Traba, was faced with the upper part of the Oral Haba car, by shocking the victim F, who was on the back of the Oral Traba, into the left side.

3. The Defendant violated the Guarantee of Automobile Compensation Act: (a) operated the above urbane without any number plate that was not covered by mandatory insurance at the time, place, etc. of Paragraph (1).

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Each statement of D and F;

1. The actual investigation report on traffic accidents;

1. A motor vehicle photograph and a CD-recording image;

1. The driver's license ledger;

1. Application of the statutes governing certificates for disuse of two-wheeled motor vehicles;

1. Article 3(1)7 of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the relevant criminal facts, Article 3(2) proviso of Article 3(2)7 of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act (the occupational and de facto occupation), Article 154 Subparag. 2 and Article 43 of the Road Traffic Act (the occupation of unlicensed driving), Article 46 of the Guarantee of Automobile Compensation Compensation Act.

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