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Defendant shall be punished by a fine of KRW 1,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
1. The Defendant violating the Act on Special Cases concerning the Settlement of Traffic Accidents is a person who is engaged in driving a registered driving motorcycle;
On August 13, 2014, the Defendant driven the above motorcycle on August 13, 2017:30, and driven the front of the D Elementary School C located in the Bupyeong-gun of the Gangwonwon, along the way from the middle distance to the parallel.
Since there is a place to prevent speed, there was a duty of care to reduce speed and to prevent accidents in advance by driving safely.
그럼에도 불구하고 피고인은 원동기장치자전거면허를 받지 아니하고 위 원동기장치자전거를 운전하여 과속방지턱에서 속도를 줄이지 아니하고 그대로 진입한 과실로 위 원동기장치자전거가 과속방지턱에 튕기게 하면서 뒤에 동승한 피해자 E(여, 73세)를 바닥에 떨어지게 하였다.
As a result, the Defendant suffered injury to the victim due to the above occupational negligence during the 12-day period of medical treatment, i.e., the left-hand abandonment abandonment, which requires approximately 12 weeks of medical treatment.
2. Violation of the Road Traffic Act (Free Driver’s License) driven the motor bicycle as stated in paragraph (1) without obtaining a motorcycle driver’s license from the Defendant’s house located in the F of the Gangseo-gun of the Gangseowon to the same military field of CY as set forth in paragraph (1).
Summary of Evidence
1. Defendant's legal statement;
1. E statements;
1. Application of Acts and subordinate statutes to the investigation report on traffic accident, the ledger of driver's licenses, and diagnostic certificates;
1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents by the Selection of Punishment, Article 268 of the Criminal Act, subparagraph 2 of Article 154 and Article 43 of the Road Traffic Act, and the selection of fines, respectively;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. The order of provisional payment;