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(영문) 의정부지방법원 고양지원 2013.05.30 2013고단213

교통사고처리특례법위반등

Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

1. Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents and the Defendant is a person engaging in driving a B observer car.

On December 28, 2012, the Defendant driven the said car without a driver's license on December 17:35, 2012, and moved to the direction from the middle village to the middle village of the mountain village, Seoyang-gu, Seoyang-gu.

Since there is a crosswalk at a front door, there was a duty of care to prevent accidents in advance by ascertaining whether a person engaged in driving of a motor vehicle is a person who well sees the front door.

Nevertheless, the defendant neglected this and found the victim C (51 years old) who was crossing the above crosswalk from the right side to the left side in accordance with the pedestrian signals by negligence, which led to the defendant's failure to stop, and was faced with the victim due to the driver's driving ahead of the passenger car.

Ultimately, the Defendant suffered approximately 12 weeks of medical treatment from the victim due to the above occupational negligence.

2. Notwithstanding the fact that a motor vehicle not covered by mandatory insurance in violation of the Guarantee of Automobile Accident Compensation Act is prohibited from being operated on the road, the Defendant operated a B observer motor vehicle without mandatory insurance at the time and place specified in paragraph 1, as stated in paragraph 1.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report;

1. A report on investigation;

1. Mandatory insurance policies;

1. Application of the statutes on the register of driver's licenses;

1. Article 3(1), the proviso of Article 3(2)6 and 7 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 152 subparag. 1, and Article 43 of the Road Traffic Act, Article 46(2), and Article 8 of the Automobile Accident Compensation Guarantee Act (the point of operating cars which are not mandatory insurance, the choice of imprisonment) concerning criminal facts.