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(영문) 대전지방법원 2014.01.08 2013고정2301
교통사고처리특례법위반등
Text

Defendant shall be punished by a fine of KRW 700,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

1. Violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents and Violation of the Road Traffic Act (Unlicensed Driving) the Defendant is a person engaged in driving 50cc c., without a license for a motorcycle driver, and on October 24, 2013, the Defendant driving of the above c.o.b., the above c.o.b. on October 24, 2013 and driving of the c.o.b., the two-lane roads in front of the c. cafeteria in the Daejeon East-gu movement at the speed of 20-30km each hour, using the two-lanes on the side of the Seo-gu Daejeon University at Daejeon University, and changed the lane to the c. one lane at the point of the accident.

In such cases, a person engaged in driving service has a duty of care to care in preventing accidents by safely driving the vehicle in which he/she intends to change and safely drive the vehicle.

Nevertheless, the Defendant neglected to do so and proceeded with the same direction by negligence, and contacted with the front wheel part of the victim B's C Driving, which is the front right part of the Defendant's driving.

Ultimately, the Defendant suffered injury to the victim D, who was aboard the back seat of the Defendant due to the above occupational negligence, such as salt, tension, etc. requiring two-day medical treatment.

2. The Defendant violated the Guarantee of Automobile Accident Compensation Act: (a) drive a motor vehicle without registration owned by the Defendant on the date, time, and on the road at the same place as paragraph (1) without mandatory insurance.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement related to B and D;

1. The actual condition survey report;

1. Registers of driver's licenses;

1. A medical certificate;

1. Application of the photographic 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, Article 268 of the Criminal Act, Article 154 subparagraph 2 of the Road Traffic Act, Article 43 of the Road Traffic Act, Article 46(2)2 of the Guarantee of Automobile Accident Compensation Act, and Article 8 of the Guarantee of Automobile Accident Compensation Act.

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