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(영문) 수원지방법원 안산지원 2017.01.20 2015고단3786
교통사고처리특례법위반등
Text

Defendant shall be punished by imprisonment without prison labor for a period of four months and a fine of three hundred thousand 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 C 124cc.

On May 31, 2014, the Defendant, without obtaining a bicycle license for a motor device for light 10:08, driven the above part of the upper part of the lower part of the lower part of the lower part of the lower part of the lower part, opened the upper part of the lower part of the lower part of the lower part of the lower part of the lower part of the lower part.

In this case, the defendant, who drives Oral Ba, had a duty of care to avoid accidents by emphasizing the front side and the left side and accurately operating the steering and brakes.

Nevertheless, the defendant neglected this and caused the victim E (V, 75 years of age) who is on the right pelle due to the negligence of bypassing it immediately.

As a result, the Defendant suffered approximately 16 weeks of medical treatment from the victim due to the above occupational negligence. The Defendant suffered from the foundation of the lower court’s back to the left-hand side.

2. Violation of the Road Traffic Act (Non-licensed driving) was driven by the Defendant without obtaining a motor device bicycle license from approximately 10 meters in a section near F in the vicinity of the road at the time of lightlight, such as paragraph 1, C 124cc.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Application of Acts and subordinate statutes to the additional medical certificate and the ledger of driver's licenses;

1. Relevant legal provisions concerning criminal facts, Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act (the occupation and negligence on duty, the choice of imprisonment without prison labor), Article 154 Subparag. 2 and Article 43 of the Road Traffic Act (the occupation of unauthorized Driving, the selection of fines);

1. The former part of Article 37 of the Criminal Act and Article 38 (1) 3 of the same Act concerning the aggravation of concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act [the scope of recommendation] / [the sentencing of Article 334(1) of the Act on Criminal Procedure of the Provisional Traffic Accidents / [the sentence of April-10] / [the sentence of April-10] / Although the defendant had a significant number of criminal records without a license, the defendant continues to do so without permission.

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