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(영문) 수원지방법원 2015.04.22 2014고정3501
교통사고처리특례법위반등
Text

Defendant shall be punished by a fine of KRW 300,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On August 15:19, 2014, the Defendant driven a motor vehicle insurance policy at C 125cc, which was not carried out by the Defendant, and was driving the crosswalk in front of the water source art exhibition center in the direction of the water source, from the direction of the river station in the Suwon-gu, Suwon-gu, Seoul-gu, the Defendant suffered injury to the victim D (the age 28) who crosses the crosswalk to the right side of the crosswalk to the right side of the water source, and caused about 10 days to the right side of the road.

Summary of Evidence

Although the Defendant alleged that the victim did not suffer injury under the Criminal Act, according to the evidence in the judgment, the victim stated in the investigative agency and the court that “the victim was shocked as the Lao, and the knenee and the buckbbbbbbs got light,” and in fact, the hospital has stamped X-ray and received physical treatment, and it is determined that the victim was injured.

1. Partial statement of the defendant;

1. Legal statement of witness D;

1. A medical certificate;

1. Application of Acts and subordinate statutes on mandatory insurance;

1. Relevant legal provisions concerning criminal facts, Article 3 (1), proviso of Article 3 (2) and Article 3 (2) and proviso of Article 3 (6) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment (the point of injury caused by occupational negligence), Article 46 (2) 2 and the main sentence of Article 8 of the Guarantee

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act is the age of the defendant, the injury of the victim is extremely minor, and the victim does not want the punishment of the defendant.

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