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(영문) 대구지방법원 김천지원 2015.06.17 2015고단395
교통사고처리특례법위반등
Text

Defendant shall be punished by imprisonment without prison labor for not less than four months and by a fine not exceeding 300,000 won.

If the defendant does not pay the above fine, 100.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving free of registration 125cc.

On November 18, 2014, at around 18:19, the Defendant, without a motorcycle driver's license for a motorcycle, driven the above motorcycle, and continued to run the sidewalk in C in Kimcheon-si, Kimcheon-si, at the Chump.

Since there are two roads separated from the sidewalk and the roadway, the defendant has a duty of care not to operate on the sidewalk.

Nevertheless, the defendant neglected this and got the victim D (the age of 67) who was walking the defendant on the sidewalk due to the negligence of entering the sidewalk and driving it on the sidewalk, and got the victim D (the age of 67) above.

Ultimately, the Defendant suffered injury, such as cutting off flaging flaging flag, which requires approximately 12 weeks of medical treatment from the victim due to such occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Statement to E by the police;

1. Written statements of D;

1. Report on internal history, ledger of driver's licenses, and details of disposition on the cancellation of driver's licenses;

1. A traffic accident report, a traffic accident report, and on-site photographs;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Relevant legal provisions concerning facts constituting an offense, and Article 3 (1), the proviso of Article 3 (2) 7 and 9 of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act, Article 268 of the Criminal Act, subparagraph 2 of Article 154 and Article 43 of the Road Traffic Act;

1. Of concurrent crimes, the former part of Article 37 and Article 38 (1) 3 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 62(1) of the Criminal Act provides that the defendant reflects his/her mistake, that the victim does not want the punishment of the defendant, that there is no record of criminal punishment exceeding the fine, and that the defendant's age, character, conduct and environment are other than the punishment of the defendant.

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