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(영문) 인천지방법원 부천지원 2015.07.02 2015고단1180
교통사고처리특례법위반등
Text

Defendant shall be punished by imprisonment without prison labor for six months and by a fine of 300,000 won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

1. The Defendant in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents is a person who is engaged in driving a CNSC110W motorcycle.

On April 19, 2015, the defendant, around 14:55, 2015, 3 lanes in front of the long-term fest apartment of Kimpo-dong, Kimpo-si, Kimpo-si, Mapo-si, in the long distance distance from the long-term room to the long-term road of the road at a speed above the speed above the city speed, and changed the lanes to the four lanes.

Since other vehicles were in the fourth lane at the time, there are duty of care to accurately operate the steering system, brake system, etc. of the vehicle in such cases, and to prevent accidents in advance by driving the front door and the right and the right and the right and the right and the right of the vehicle in a safe manner.

Nevertheless, the Defendant neglected to do so and thereby, was driven by the victim D (the age of 18) who was straighted in four lanes by the negligence of changing the lane, and received the front part of the motor bicycle CA110 that was driven by the Defendant as the front side of the motor bicycle.

The Defendant suffered injury to the above victim by negligence in the course of performing the above duties, such as fluoral salt, which requires approximately two weeks of medical treatment.

2. Around 14:55 on April 19, 2015, the Defendant driving a CNSC110WH Hatoba without a motorcycle driver’s license in the section of approximately 13 km from Kimpo-si to Kimpo-dong apartment from Kimpo-si, Kimpo-si, Kimpo-si.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of the Act and subordinate statutes to conduct fact-finding surveys, traffic accident report, field map, field photograph, license ledger, vehicle register, mandatory insurance bureau, field map, diagnosis certificate, and investigation report;

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

1. The Criminal Act among concurrent crimes.

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