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(영문) 전주지방법원 2014.12.05 2014고단1772
교통사고처리특례법위반등
Text

A defendant shall be punished by imprisonment for not more than six months and a fine not exceeding 300,000 won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

1. The Defendant is a person who drives a motorcycle 100 motorcycle in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents and the Road Traffic Act (driving without a license).

On September 15, 2014, the Defendant, without a driver’s license around 11:40 on September 15, 2014, driven the above motorcycle in front of the information and communication network, on the scamhypon in a scamhyp, Samju-gun.

In such cases, a person engaged in driving of a motorcycle has a duty of care to safely operate the steering gear by accurately operating the steering gear and the steering gear.

Nevertheless, the Defendant neglected to keep up the front-time city and did not avoid the victim C (V, 70 years of age) who is a pedestrian in the front-way direction of the course due to the negligence that is going forward as it is, and shocked into the right side of the said motorcycle.

The Defendant suffered injury to the victim by occupational negligence, such as cutting down the right to the right, which requires treatment for about six weeks.

2. On September 15, 2014, the Defendant violated the Guarantee of Automobile Accident Compensation Act, operated a motor bicycle in front of the information and communication road 100: (a) without purchasing mandatory insurance on September 15, 2014; and (b) driving the CITI on the roads of the CITI 100 motor bicycle in front of information and

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. The actual survey report on traffic accidents;

1. On-site photographs of traffic accidents;

1. Registers of driver's licenses;

1. Mandatory insurance policy;

1. Application of Acts and subordinate statutes to a report on investigation (related to calculation of injury of a victim);

1. Article 3 (1) and the proviso of Article 3 (2) and (7) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 46 (2) of the Guarantee of Automobile Accident Compensation Act, the main sentence of Article 8 of the Motor Vehicle Accident Compensation Act, Article 154 subparagraph 2 of the Road Traffic Act and Article 43 of the Road Traffic Act concerning criminal facts;

1. Of concurrent crimes, the former part of Article 37 and Article 38(1)2, Article 38(2) and (3) of the Criminal Act;

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