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Reasons
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(영문) 수원지방법원 여주지원 2013.07.12 2012고단921
교통사고처리특례법위반등
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A defendant shall be punished by imprisonment for six months and by a fine of thirty million won.

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

Reasons

Punishment of the crime

1. Around 23:40 on July 31, 2012, the Defendant violated the Special Act on the Settlement of Traffic Accidents (hereinafter “Special Act”) was driving B Gaz 125cc Oral Bab, and was driving the front road of the station in front of the station in front of the station in front of the Gyeonggi-si, Hacheon-si, Hocheon-si, Hocheon-si, the speed of about 90 km from the ebbbbbbb, to the ebbbb, the speed of the station in front of the Defendant’s running without a motorcycle driver’s license, due to the negligence of neglecting the ebbb, the former driving of the ebb, the vehicle in front of the Defendant’s running in the front direction while neglecting the ebb, the latter part of the Dpoter, the eb, the back part of the vehicle in front of the vehicle in front of the Defendant’s running.

Ultimately, the Defendant suffered approximately 20 weeks of medical treatment from the victim E (years 35) who was on board the back of the Defendant’s Obane due to such occupational negligence.

2. On the date and time specified in the above paragraph (1) of the Road Traffic Act, the Defendant driven the above motorcycle at a section of about 2 km without a motorcycle driver’s license, from a French place in Egcheon-si, Gyeonggi-si, Eup, to the accident place specified in the above paragraph (1) of the Road Traffic Act.

3. The Defendant violated the Guarantee of Automobile Accident Compensation Act, on the date and at the place specified in the above paragraph (1), operated the Defendant’s Oba on the part of the Defendant, who did not subscribe to mandatory insurance.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Each police statement of C and E;

1. Registers of driver's licenses;

1. Application of Acts and subordinate statutes to E;

1. Article 3(1) and proviso of Article 3(2)7 of the Act on Special Cases Concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 154 Subparag. 2 and Article 43 of the Road Traffic Act (the point of a licenseless driving, the choice of fines), and Article 11369 of the former Guarantee of Automobile Accident Compensation Act (amended by Act No. 11369, Feb. 22, 2012).

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