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(영문) 춘천지방법원 원주지원 2015.04.14 2015고단68
교통사고처리특례법위반등
Text

A defendant shall be punished by imprisonment with prison labor for six months and by a fine for 300,000 won. If the defendant does not pay the above fine.

Reasons

Punishment of the crime

1. Around 21:00 on November 5, 2014, the Defendant driven a 100c motor bicycle not registered without obtaining a motorcycle driver’s license from the front side of the 2nd head of the Sinju, from the front side of the 5km road to the front side of the Chungcheong City, from the front side of the 5km road.

2. On November 5, 2014, the Defendant violated the Act on Special Cases concerning the Settlement of Traffic Accidents: (a) driven a motorcycle listed in paragraph (1) as one of the duties on November 21, 2014; and (b) driven the front road of C in front of C from the front bank of C.

At the same time, it was night, difficult, and low traffic volume is one-lane, so a person engaged in driving service has a duty of care to look well at the front left and to proceed at a safe speed and method so as not to interfere with other traffic.

Nevertheless, the defendant neglected to do so and proceeds without a motorcycle driver's license.

By negligence of leaving the course to the right side of the course, the victim E (n, 39 years old) who was accompanied by the Defendant's motorcycle was fright side of the road by shocking the Category D, which was parked on the right side of the direction of the course, into the front side of the Defendant's motorcycle.

Ultimately, the Defendant suffered injury to the victim by occupational negligence, such as a pelvisor to the right-hand pelvis, which requires approximately 14 weeks medical treatment.

3. The Defendant in violation of the Guarantee of Automobile Accident Compensation Act is a person who has an unregistered substitute 100cc motor bicycle.

On November 5, 2014, at around 21:00, the Defendant operated the above motorcycle, which was not covered by mandatory insurance, from the front side of the 2nd head of the Sinju to the front side of the Sinju City.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. Investigation report, driver’s license register, and notification.

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