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(영문) 대전지방법원 2016.12.22 2016고단2835
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment with prison labor for up to eight months and a fine of up to three hundred thousand won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

1. The Defendant is a person who is engaged in driving a registered 125cc U.S. on the part of the Defendant in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents and the Road Traffic Act (unlicensed driving).

On August 27, 2016, the Defendant, without obtaining a license for a motorcycle on August 11:45, 2016, driven the above motorcycle and proceeded at a speed of 40km per hour at a speed of 40km per hour, toward the two-lane roads in front of the D cafeteria located in Daejeon Dong-gu Daejeon, Daejeon.

Since the intersection and crosswalk are installed at the front of that place, in such a case, the person engaged in the driving duty of a motorcycle has a duty of care to take the front door well and to prevent the accident in advance by safely driving according to the traffic signal.

Nevertheless, the Defendant neglected this and received the victim E (61 years old), F (69 years old), G (72 years old), who cross the crosswalk in accordance with the pedestrian signals due to the occupational negligence in violation of the signal, in order to follow the front part of the Defendant's ozone part.

Ultimately, the Defendant suffered, by such occupational negligence, a serious injury to the victim E, such as blood in the left-hand side in need of medical treatment for about two weeks, injury to the bodily part of the victim F, in which the number of days of medical treatment cannot be known to the victim F, and the victim G suffered, respectively, a serious injury to the victim E, such as blood in the shape of an unknown body part, i.e., blood in the shape of the light-of-the-spot, i., e., e., s., s., e., s., e., s.

2. While the Defendant was prohibited from operating a motor vehicle on the road which is not covered by mandatory insurance in violation of the Guarantee of Automobile Accident Compensation Act, the Defendant operated 125cc c obs which are not covered by mandatory insurance at the date and place mentioned in the foregoing paragraph.

Summary of Evidence

1. Each police statement made by the defendant in relation to the legal statement 1, E, H, I, and J;

1. A written statement;

1. Investigative Report (Attachment of a photo of the victim's injury) 1.

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