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(영문) 부산지방법원 2015.04.22 2015고단254
교통사고처리특례법위반등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving service B 125cc.

1. On November 17, 2014, at around 19:25, the Defendant, without obtaining a motorcycle driver’s license, driven the above 1km in the section of approximately 1km from the front of “D” restaurant located in the Busan Dong-dong, Busan Dong-gu, without obtaining a motorcycle driver’s license, to the front of the “D” restaurant in the same Gu C.

2. The Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents without obtaining a motorcycle driver's license, such as paragraph (1) of the same temporary warning as Paragraph (1) of the same Article, driving the above motorcycle, leading the road in front of the “D” restaurant located in the Dong-gu Busan Metropolitan City, to an insular speed from the mouth gate to the superscopic surface. In such a case, a person engaged in driving service has a duty of care to safely drive the front gate and prevent the accident in advance.

Nevertheless, the Defendant neglected this and did not discover the victim E (n.e., 69 years of age) and received the body of the above victim as the front part of the Oral Ba, and suffered injury, such as spinal ebrate, which requires approximately 12 weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. The written statement of the defendant;

1. A manual of accidents of E;

1. Application of Acts and subordinate statutes to traffic accident reports, traffic accident reports, driver's license registers, field photographs, and diagnostic certificates;

1. Article 154 subparagraph 2 of the Act on Special Cases Concerning the Settlement of Traffic Accidents and Article 43 of the Road Traffic Act, Article 3(1) of the Act on Special Cases Concerning the Settlement of Traffic Accidents, and Article 268 of the Criminal Act (the selection of fines for negligence: the fact of allowing the driver to drive the instant non-exclusive license upon the request of an operator who knows the non-exclusive license for delivery, the fact of being covered by the liability insurance, and the fact that the victim agreed smoothly with the victim).

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