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Reasons
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(영문) 서울북부지방법원 2015.09.11 2015고정1617
교통사고처리특례법위반등
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Defendant shall be punished by a fine of two million won.

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

Reasons

Punishment of the crime

1. On September 20, 2014, the Defendant violated the Road Traffic Act (unlicensed Driving) and driven C249C 249cc, without obtaining a driver’s license from around 7 km section from the front of the unclaimed apartment in Nowon-gu, Seoul, Seoul, to the front of Seongbuk-gu, Seoul.

2. The Defendant in violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents is the person who is engaged in driving service of the above 249cc.

On September 20, 2014, at around 13:15, the Defendant, without a driver’s license, driven the above 249C Oral Ba, driving the front road along the two lanes, excluding the central bus exclusive lanes, driving the front road along the two lanes from the direction of the road to the direction of the two lanes, and changing the lane into the right of the two lanes.

In such cases, there was a duty of care to change the car line safely by examining whether the vehicle, etc. proceeds from the right side of the driver.

Nevertheless, the Defendant had the victim go beyond the road with the front wheels of the victim D(28 years old) driven by the victim D (28 years old) who had been driving on the right side of the last 249cc, with the change of the vehicle line by negligence.

As a result, the Defendant caused the victim to suffer injury, such as flaverization of flavers on the left-hand side in need of approximately 10 weeks of treatment due to such occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A traffic accident report;

1. On-site photographs;

1. A medical certificate;

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

1. Article 3 (1) and the proviso of Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents by the Selection of Punishment, Article 268 of the Criminal Act, Article 154 subparagraph 2 of the Road Traffic Act, Article 4 and Article 43 of the Road Traffic Act, the selection of fines for each crime;

1. Of concurrent crimes, the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act shall apply to concurrent crimes;

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