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(영문) 부산지방법원서부지원 2020.09.23 2020고단1143
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

The defendant is a person who is engaged in driving service of a non-registered clerical error.

1. Around 23:10 on February 19, 2020, the Defendant violated the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) and the Road Traffic Act (Non-licensed Driving) driving the above Oralba, and driving the three-lane road in front of the C in Busan Gangseo-gu, Busan, along the three-lane distance of name-free distance from the west of the Busan, the area of the lower court’s seat.

Since there is an intersection where a signal is installed, there was a duty of care to reduce the speed and drive safely according to the traffic signal by a person engaged in off-to-land driving service.

Nevertheless, the Defendant neglected this and got the victim D (20 years old) who was driving on the right side of the road at the right side of the Defendant’s driving, on the front side of the road, by negligence, while the signal on the front side was driven by a red signal without a driver’s license.

As a result, the Defendant suffered injury to the victim, such as the salone-time abandonment abandonment, which requires treatment for about eight weeks, due to such occupational negligence, and driving the above salone without obtaining a motorcycle driver’s license.

2. He shall not operate any motor vehicle on a road which is not covered by mandatory insurance in violation of the Guarantee of Automobile Accident Compensation Act;

Nevertheless, the Defendant, at the time and place specified in the above Paragraph 1, operated the above Oral Ba, which was not covered by mandatory insurance, as stated in the foregoing Paragraph 1.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Report on traffic accidents, the register of driver's licenses for motor vehicles (No. 15 No. 15);

1. Application of Acts and subordinate statutes to medical certificates and field photographs;

1. Article 3(1), the proviso of Article 3(2)1 and 7 of the Act on Special Cases concerning the Settlement of Traffic Accidents, and Article 268 of the Criminal Act concerning criminal facts, injury caused by occupational negligence;

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