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(영문) 대전지방법원 2019.02.19 2018고정1235
교통사고처리특례법위반(치상)등
Text

Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

1. On September 27, 2018, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) was driving a motorcycle around 13:30 on September 27, 2018 without obtaining a motorcycle driver’s license. On September 27, 2018, the Defendant driven a two-lane road in front of the Daejeon Middle-gu Cio-gu, Daejeon, along the two-lane distance from the front intersection, proceeded at a speed of about 20km in speed from the front intersection, and changed the course to one-lane in the same direction.

In this case, the driver has a duty of care to give notice of change of course to the person engaged in driving service by hand or direction, etc., and to prevent accidents by safely changing the course in the situation of traffic in the front and rear left, etc.

Nevertheless, the Defendant neglected this and neglected to change the course as it is, and received the side part of the victim D(26 years old) E driving in the same direction, which was proceeding in the same direction, from the left side of the Otoba in which the Defendant is driving.

Ultimately, the Defendant suffered, by such occupational negligence, the injury to the victim D, such as salt, tensions, etc. in light of the trend that requires approximately two weeks of medical treatment, and the victim F, who was on board the said A-Wnd-Wn-Wn-Wn-Wn-Wn-Wn-Wn-Wn-Wn-Wn-Wn-Wn-Wn-Wn

2. On September 27, 2018, the Defendant violated the Road Traffic Act (unlicensed driving) without obtaining a motorcycle driver’s license on a motorcycle around 13:30 on September 27, 2018, and driving a vehicle B 49cc off from the 1km section from the front side of the Daejeon East-gu G apartment to the Daejeon Middle-gu Cate distance.

Summary of Evidence

1. Defendant's legal statement;

1. Current status survey report and the register of driver's licenses;

1. Application of the police statement law to D;

1. Article 3 (1) and the proviso of Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents by Relevant Acts concerning criminal facts, Article 268 of the Criminal Act, subparagraph 2 of Article 154 and Article 43 of the Road Traffic Act;

1. Commercial concurrence: Articles 40 and 50 of the Criminal Act;

1. Punishment;

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