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(영문) 전주지방법원 2014.08.29 2014고단108
교통사고처리특례법위반등
Text

Defendant shall be punished by imprisonment without prison labor for a term of one year and a fine of two hundred thousand won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

The defendant is a person who is engaged in the driving of C CT Oral Orala.

On October 17, 2013, the Defendant, without obtaining a motorcycle driver's license on October 17, 2013, driven the above occa, and proceeded at a speed of about 30km in speed from the scam to the scam of the front side of the E-cafeteria in Kim Jong-si D.

At the time, there was a new wall before sunrise, and there was a narrow village of one lane, so there was a duty of care to prevent accidents in advance by accurately manipulating the steering gear and operating the steering gear in order to reduce speed and properly see if there is a person who gets involved in driving of a motorcycle.

Nevertheless, the defendant neglected this and found the victim F (72 years old) who passed on the side of the road at the same time due to the negligence of the defendant, but did not avoid it, and had the victim go beyond the ground due to the front part of the defendant's soil.

After all, the Defendant suffered injury, such as “the credit booming booming booming surgery without open address,” which requires approximately 24 weeks of medical treatment by occupational negligence in the said unlicensed state.

Summary of Evidence

1. Legal statement of witness G;

1. Protocol of the police statement concerning G;

1. On-site evidence photographs of a traffic accident;

1. A medical certificate;

1. Registers of driver's licenses;

1. Application of Acts and subordinate statutes to a investigative report;

1. Article 3 (1), the proviso of Article 3 (2) and Article 3 (7) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, subparagraph 2 of Article 154 and Article 43 of the Road Traffic Act concerning facts constituting an offense;

1. The former part of Article 37 and Article 38 (1) 3 of the Criminal Act for the punishment of concurrent crimes;

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

1. Article 334(1) of the Criminal Procedure Act provides that a provisional payment order shall be issued.

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