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(영문) 광주지방법원 2016.06.02 2016고단561
교통사고처리특례법위반등
Text

Defendant shall be punished by a fine of KRW 6,000,000.

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

Reasons

Punishment of the crime

On October 30, 2015, the Defendant driven a 49 c motor bicycle with a width of the 49 c motor device without any number plate that is not covered by mandatory insurance on October 30, 2015, and proceeded at a speed of 30 to 40 kilometers per hour on the face of the DNA Mat in the south-gu Seoul metropolitan area with a speed of 30 to 40 kilometers from the face of the sc apartment site.

At the same time, there was a crosswalk in which signal lights are installed, so there was a duty of care to confirm whether a person engaged in driving of a motor vehicle has a way to reduce the speed and to see well, and to safely drive the motor vehicle in accordance with the traffic signals and prevent the accident in advance.

Nevertheless, the Defendant neglected this and got the victim to go beyond the floor of the area where the victim E (V) who crossed the crosswalk to the port from the right side of the direction of the direction of the direction of the direction of the direction of the direction of the pedestrian signals by the negligence in contravention of the signal.

Ultimately, the Defendant suffered approximately 12 weeks of high-ranking executives who need to receive approximately 12 weeks of treatment from the victim due to the above occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. A survey report on actual conditions;

1. A medical certificate;

1. Application of Acts and subordinate statutes to notify the detection of violations of the Automobile Management Act (unreported use of two-wheeled automobiles);

1. Relevant Article 3 (1), the proviso to Article 2, Article 3 (1) 1 and 6 of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Determination of Punishment, Article 268 of the Criminal Act, Article 268 of the Criminal Act, Article 46 (2) 2 of the Guarantee of Automobile Compensation, the main sentence of Article 8 of the Guarantee of Automobile Compensation Act, and the selection of fines, respectively;

1. The former part of Article 37 of the Criminal Act and Article 38 (1) 2 of the same Act concerning the aggravation of concurrent crimes;

1. The defendant's negligence on the grounds of the sentencing of Articles 70(1) and 69(2) of the Criminal Act with respect to the custody of the workhouse, and the victim's serious injury caused by the aggravation of the bones of the mouth, is disadvantageous.

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