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(영문) 서울북부지방법원 2017.05.04 2016고단2471 (1)
교통사고처리특례법위반등
Text

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

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

Reasons

Punishment of the crime

1. On March 30, 2016, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents: (a) around 22:00, the Defendant driven a bicycle riding 124C motor vehicle, which was downloaded along the three-lane roads in front of Dongdaemun-gu Seoul, Dongdaemun-gu, without a motor device driver’s license, and (b) proceeded along two-lanes on the side of the 1st common road along the direction above the 1st common road of the 1st common road.

In this case, a person engaged in driving of motor device bicycle has a duty of care to thoroughly see the traffic conditions on the front side and the right side and to accurately manipulate the steering and brake system in order to prevent accidents in advance.

Nevertheless, if the defendant neglected this due to negligence, he found the victim D (52) who was crossing the road on the right side in the right side of the last direction of the traffic, and immediately proceeded with it, but he did not avoid it, but did not have the right side of the motor device bicycle and shocked the victim's bridge with the front side of the bicycle.

As a result, the Defendant suffered injury to the victim, such as the 10th century, which requires approximately eight weeks of medical treatment, due to such occupational negligence.

2. Around 21:50 on March 30, 2016, the Defendant driven the bicycle without obtaining a motor device driver’s license in the section of approximately 1.5 km from the front side of the valley 172 to March 30, 2016 before Dongdaemun-gu Seoul, Dongdaemun-gu, Seoul, to the front road of the Dongdaemun-gu Seoul.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Application of Acts and subordinate statutes to the ledger of actual survey reports, diagnostic certificates, field photographs, and driver's licenses for motor vehicles;

1. Relevant Article 3(1) and the proviso to Article 3(2)7 of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment; Article 268 of the Criminal Act; Article 154 Subparag. 2 and Article 43 of the Road Traffic Act; Selection of each fine for a crime;

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. Attraction of a workhouse;

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