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(영문) 부산지방법원 서부지원 2017.07.12 2017고단315
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment with prison labor for up to eight months and a fine of up to three hundred thousand won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

1. The Defendant is a person who violates the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) and is engaged in driving BU125V 124cc.

On April 22, 2017, the Defendant, without obtaining a bicycle license for a motor device device, driven the above Orab, and let D Mart front of the Seo-gu Busan drive the D Mart, from the side of the common fishing market to the evis-ri, Chungcheong.

There are crosswalks where signal lights are installed at each front door, so in such cases, the driver of the motor vehicle has a duty of care to check whether a person engaged in driving the motor vehicle is a person, and to safely proceed according to the traffic signals.

Nevertheless, the defendant neglected to do so and proceeded with it, and the part of the bridge of the victim E (the 80-year old age) with the right side from the left side of the direction of the defendant's proceeding to the right side in accordance with the pedestrian safety of the defendant.

Ultimately, the Defendant suffered injury to the victim, such as call lease, which requires approximately six weeks of medical treatment, due to such occupational negligence.

2. On April 22, 2017, the Defendant violated the Road Traffic Act (unlicensed driving) driving on the part of paragraph (1) without obtaining a motor device license from around 3 km section from the Defendant’s house located in Busan Western F to the place described in paragraph (1) on April 2, 2017.

3. No person who violates the Guarantee of Automobile Compensation shall operate any motor vehicle on a road which is not covered by mandatory insurance;

Nevertheless, the defendant operated Otoba, which was not covered by mandatory insurance, as described in paragraph 2, on the road.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. A medical certificate;

1. A survey report on actual condition, photographs at the scene of an accident, and CCTV photographs;

1. Application of the motor vehicle driver's license ledger and mandatory insurance-related Acts and subordinate statutes;

1. Relevant Articles of the Act and the choice of punishment concerning the facts constituting the crime;

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