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(영문) 수원지방법원 2013.09.13 2013고단3035
교통사고처리특례법위반등
Text

Defendant shall be punished by imprisonment without prison labor for six months and by a fine of 300,000 won.

If the defendant fails to pay the above fine, 50.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving service B 50cc Orala.

On June 5, 2013, the Defendant, without obtaining a driver's license, driven the above Oral Ba, and driven the above Oral Ba on June 10:35, 2013, the Defendant driven the water supply Dokdo 1, adjacent to the water supply Dok-gu, Suwon Sik-si, Suwon-si, with about 30 km from the direction of the Doko-distance to the high speed direction.

At the same time, there was a crosswalk in which signal lights were not installed, so there was a duty of care to check whether there was a person who gets involved in driving service to reduce the speed and to see it well, and to prevent the accident in advance.

Nevertheless, the Defendant neglected this and found the victim C (the age of 68) who cross the crosswalk from the left side by his negligence and delayed detection of the victim C (the age of 68) who cross the crosswalk from the left side, and operated it to avoid this, but did not avoid it, and had the victim go beyond the ground in front of the above part.

Ultimately, the Defendant suffered injury to the victim, such as the 4 and 5 Crossing of the need for treatment for about 8 weeks due to the above occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report;

1. C’s statement;

1. A medical certificate;

1. Application of the statutes on the register of driver's licenses;

1. Article 3 (1), the proviso to Article 3 (2) 6 and 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 criminal facts;

1. Of concurrent crimes, the former part of Article 37, and Articles 38 (1) 3 and 50 of the Criminal Act;

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

1. Article 62 (1) and (2) of the Criminal Act ( comprehensively considering all circumstances, such as confession, reflect, and the fact that the victim does not want the punishment of the defendant);

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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