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(영문) 광주지방법원 2016.09.22 2016고정1201
교통사고처리특례법위반등
Text

1. Defendant shall be punished by a fine of KRW 1,000,000;

2. Where the defendant does not pay the above fine.

Reasons

Punishment of the crime

1. The Defendant in violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents is a person engaged in driving 100 cc, which is not covered by mandatory insurance.

On May 24, 2016, the Defendant driven the above Orala, without a driver's license for a bicycle for a motor device, and driven the above Orala, which is located in Yong-gun B, Nam-gun, the Defendant proceeded with the first road in front C in front of the previous Yong-gun B from the oil station in front of the white-dong.

In such cases, a person engaged in driving service has a duty of care to safely drive by accurately manipulating the steering side and the steering system.

Nevertheless, the Defendant neglected this and proceeded along the same lane by negligence and received the bicycle back part of the victim D(80) driving, which was proceeding in the same lane, from the Defendant, as the front part of the Defendant’s ozone.

As a result, the Defendant suffered injury to the victim, such as brain salvin, which requires approximately two weeks of medical treatment, due to such occupational negligence.

2. Violation of the Road Traffic Act (unlicensed Driving) driving of the Defendant, without a motor device license, on approximately 4 km section from the road near Yong-gun, Young-gun to the site of accident as stated in paragraph (1) of the same Article, from the 4km section to the point of accident as stated in paragraph (1).

3. No person who violates the Guarantee of Automobile Compensation shall operate any motor vehicle on a road which is not covered by mandatory insurance;

Nevertheless, the Defendant operated Oral Ba which was not covered by mandatory insurance, such as the date, time, place, etc. mentioned in paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of the actual survey report, the driver's license ledger, mandatory insurance inquiry, medical certificate, and traffic accident-related Acts and subordinate statutes;

1. Article 3(1) and the proviso of Article 3(2)7 of the Act on Special Cases concerning the Settlement of Traffic Accidents, which relate to the crime, and Article 268 of the Criminal Act (the occupation and the occupation of the workplace).

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