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Defendant shall be punished by imprisonment without prison labor for a maximum of one year, by a fine of October and a fine of 200,000 won.
The amount equivalent to the above fine shall be paid provisionally.
Reasons
Punishment of the crime
On March 20, 2010, the Defendant driven D SL125(124C) Oralba, without obtaining a license for a motorcycle on March 23:34, 2010, and proceeded with the non-lane of the three-lanes in the direction of the intersection in the vicinity of the annual wedding hall located in the city of Busan.
Since the place is an intersection with a signal apparatus, the defendant has a duty of care to observe the signal apparatus and to prevent the occurrence of an accident by properly examining the traffic state of the front left, etc.
Nevertheless, the Defendant neglected this and received the front part of the E-driving F-si, which was going to turn to the left at the face of the fire defense headquarters in accordance with the new subparagraph, due to the negligent negligence in violation of the signal as it is, and the Defendant received the front part of the E-driving as the front part.
The Defendant, by such occupational negligence, caused the victim G (the age of 16) who was on the back of the lower urbbed to fall off on the road floor, thereby suffering from the said victim’s brain injury, etc., whose recovery of consciousness was unknown.
Summary of Evidence
1. Each legal statement of witness E, H, I, J, and K;
1. The actual condition of traffic accidents;
1. A report on investigation on March 24, 2010, respectively;
1. The driver's license ledger;
1. The Korea Road Traffic Authority as a result of appraisal;
1. A copy of each written diagnosis;
1. Medicine;
1. On-site photographing, photographing, and application of Acts and subordinate statutes;
1. Article 3 (1), the proviso to Article 3 (2) 1 and 7 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, subparagraph 2 of Article 154 and Article 43 of the Road Traffic Act concerning criminal facts;
1. Of concurrent crimes, the former part of Article 37 and Article 38 (1) 3 of the Criminal Act;
1. Articles 2 and 60 (1) of the Juvenile Act, which are illegal;
1. Judgment on the key issue of Article 334(1) of the Criminal Procedure Act of the provisional payment order
1. At the time of the occurrence of the instant traffic accident, the gist of the defense counsel’s assertion, ① the person who drives the instant Obane is G other than the defendant, and ② E.