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(영문) 대구지방법원 2018.04.06 2017고정2151
교통사고처리특례법위반(치상)등
Text

Defendant shall be punished by a fine of 1.5 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. On November 1, 2017, the Defendant: (a) operated a motor device bicycle with which the engine displacement cannot be known at around 09:30 on November 1, 2017; and (b) made it left to the right from the northwest-gu, 4-ro, the right-hand turn from the northwest-gu, “D” front of the “D” road in Daegu-gu.

Since there is no signal signal, the driver has a duty of care to check whether there is a vehicle crossing by reducing speed and checking the right and the right of the road well and to drive safely.

Defendant had the left left due to the negligence of neglecting the above duty of care, and had the Defendant’s engine bicycle front part of the Victim E (23 taxes) driver’s f ATS50 motor bicycle run normally from the north-ro branch of Daegu Bank on the Mad Park.

Defendant 1 suffered injury to the victim E, such as salt, tensions, etc., requiring approximately three weeks of treatment due to such occupational negligence, and at the same time damaged the above ATS50 motor bicycle, which is the victim G, to have approximately KRW 600,000 of repair cost.

2. Unlicensed driving Defendant, without license, driven a motor device bicycle like paragraph 1.

Summary of Evidence

1. The defendant's legal statement (the date of the second public trial shall be the date);

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police for E;

1. A survey report on actual conditions;

1. A medical certificate;

1. The driver's license ledger;

1. Application of the Act and subordinate statutes of the investigative report (No. 15 lists of evidence);

1. Article 3(1) and the proviso to Article 3(2)7 of the Act on Special Cases concerning the Settlement of Traffic Accidents under the relevant Act concerning criminal facts; Article 268 of the Criminal Act; Article 151 of the Road Traffic Act; Article 154 Subparag. 2 and 43 of the Road Traffic Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of a fine for selective punishment (as to the occupational and practical aspects);

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (to the extent that the aggregate of the amounts of each crime is aggregated);

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

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