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(영문) 창원지방법원 2013.08.13 2013고단1105
교통사고처리특례법위반등
Text

A defendant shall be punished by imprisonment for not less than eight months and by a fine not exceeding three hundred thousand won.

If the defendant fails to pay the above fine, 50.

Reasons

Punishment of the crime

"2013 Highest 1105"

1. The Defendant is a person who is engaged in driving a BZYR motor bicycle in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents, the Road Traffic Act (unlicensed Operation) and the Road Traffic Act (unnecessary Measures after Accidents);

On April 10, 2013, the Defendant driven the above motorcycle without obtaining a motorcycle driver's license on April 12, 2013, and driven the above motorcycle in front of the house located 8, 543-lane, Kimhae-si, Kimhae-si, and proceeded at about 10km in speed from the right side of the latter part of the Kimhae-west to the northwest of the city.

At the time, the intersection was not controlled by traffic, and the width of the intersection was larger than that of the road where the defendant is passing, so in such a case, the driver of the vehicle has the duty of care to yield the course to the vehicle, if there is another vehicle seeking to drive the vehicle through the intersection before entering the intersection and drive the vehicle from the road with a wide width.

Nevertheless, when the Defendant neglected to do so, due to the negligence of entering the intersection without driving speed or driving the course, the Defendant left the right side of the victim C(52 years old) driving from the right side of the Confucian School to the left side side of the driver's seat of the Dopoter II of the said motor vehicle, taken the front part of the said motor vehicle into the front part of the said motor vehicle, and escaped without taking necessary measures, such as providing rescue to the victim E (the 49 years old), who was on the top of the said motor vehicle due to the shock, for about three weeks of medical treatment, and at the same time, sustained injury, such as brain dust, etc. in need of medical treatment for 322,285 won of the repair cost, and immediately stopping the said motor vehicle.

2. The Defendant in violation of the Guarantee of Automobile Accident Compensation Act is a motor bicycle owner as stated in the above paragraph (1).

No motor vehicle which is not covered by mandatory insurance shall be operated on a road.

Nevertheless, it is not appropriate.

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