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(영문) 부산지방법원 2016.05.11 2016고정1027
교통사고처리특례법위반등
Text

Defendant shall be punished by a fine of two million won.

Where a defendant fails to pay a fine, one hundred thousand won shall be the day.

Reasons

Punishment of the crime

1. On December 19, 2015, the Defendant: (a) was a person who drives a bicycle with B 125cc motor device; and (b) was driving a two-lane of the front road in the front road of Busan Northern-dong around 19:20 on December 19, 2015, where the speed of the two-lane between the two-lanes in the front road of 405 can not be known.

Since there is a road within the apartment complex, in such cases, a person who drives a motor device bicycle has a duty of care to operate the bicycle after checking the right and the right of the front side.

In doing so, the Defendant neglected this and found the victim C (at the age of 54) to the right side on the left side of the proceeding direction, and did not avoid it, and received the victim from the front part of the Defendant's driving, and caused the victim to suffer bodily injury, such as the mouths at the bottom of the right frame requiring medical treatment for about three weeks.

2. The Defendant, as stated in the foregoing paragraph 1, operated a motor device and bicycle that did not purchase mandatory insurance despite having to purchase mandatory insurance when operating a motor device bicycle.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement on occurrence of a traffic accident prepared C;

1. Reports on traffic accidents and reports on occurrence of traffic accidents;

1. Application of diagnostic certificates, on-site photographs statutes;

1. Relevant legal provisions concerning facts constituting an offense, Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act (the point of causing occupational negligence due to traffic accidents), Article 46(2)2 of the Guarantee of Automobile Compensation Act, the main sentence of Article 8 of the Guarantee of Automobile Compensation Act (the point of operating automobiles which are not mandatory insurance), and the selection of fines;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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

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