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(영문) 서울남부지방법원 2018.09.11 2018고단3646
교통사고처리특례법위반(치상)등
Text

Defendant shall be punished by imprisonment without prison labor for six months and by a fine of 200,000 won.

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

Reasons

Punishment of the crime

On April 6, 2018, at around 13:41, 2018, the Defendant driven the kickboard (name of product: NNROBT, output of Moter: 200W) along the two-lanes of the road near Guro-gu Seoul Metropolitan City along the historical distance from the long distance protection area to the high side.

In this case, the driver of the vehicle has a duty of care to safely drive the vehicle so that it does not conflict with pedestrians, etc. by properly examining the front side of the vehicle.

Nevertheless, the defendant did not neglect the above duty of care and proceeded with the victim C (Woo 62) who was crossing the road at the place where he did so, and was shocked by the electric kick.

As a result, the Defendant caused the victim by negligence in the course of business to suffer from an injury to the victim, such as cerebral blood transfusion, which requires approximately 12 weeks medical treatment, and operated the kick, which is a two-wheeled vehicle, without a driver's license.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report;

1. Espid-facop fachion to the Hd-facopp, accident video CDs;

1. Investigation reports (the spectrum of the electric kickboard products);

1. The driver's license ledger;

1. Application of Acts and subordinate statutes to a medical certificate or a medical statement (whether serious harm is inflicted);

1. Article 154 subparagraph 2 of the Road Traffic Act and Article 43 (U.S. Driving without License) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 3 (1) and the proviso to Article 3 (2) 7 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act concerning facts constituting an offense;

1. Selection of a fine for a crime of violation of the Road Traffic Act (unlicensed driving) at the option of punishment; 1. Selection of a imprisonment without prison labor for a violation of the Act on Special Cases concerning the Settlement of Traffic Accidents;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act [the scope of recommendation] of the Criminal Procedure Act [the scope of punishment] shall be the area of special mitigation (one month to eight months) (the amount of special mitigation) (the amount of special mitigation).

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