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(영문) 수원지방법원 성남지원 2016.01.19 2015고단2286

교통사고처리특례법위반등

Text

1. Of the facts charged in the instant case, the violation of the Road Traffic Act (unlicensed driving) and the violation of the Guarantee of Automobile Damage Compensation Act.

Reasons

Indictment

1. The Defendant in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents is a person driving a vehicle B.

On April 14, 2015, at around 13:00, the Defendant: (a) while driving the said vehicle at the third construction site of the Sungnam City, the Defendant suffered injury, such as the fore part of the fore part of the Defendant’s loaded vehicle, which was parked on the left side of the moving direction while moving the vehicle into the left side in order to avoid the fore part of the vehicle coming from the vehicle while driving the said vehicle at the third construction site of the Sungnam city, and the fore part of the fore part of the fore part of the fore part of the fore part of the Defendant’s vehicle loaded on the fore part of the fore part of the fore part of the damaged vehicle, and caused about 2 weeks injury to the victims, respectively.

2. On April 14, 2015, the Defendant violated the Road Traffic Act (unlicensed driving) and the Act on Guarantee of Automobile Compensation for Damages, the Defendant operated the B Poter car volume without a mandatory insurance policy without a driver’s license at the third construction site in Sungnam-si, Sungnam-si, the third construction site of Sungnam-si.

Judgment

1. On the part of the violation of the Traffic Act on the road

A. The term “road” under Article 2 subparag. 1 of the Road Traffic Act means a road under the Road Act, a road under the Toll Road Act, and a place which is practically open for the passage of many and unspecified persons or vehicles, where the smooth traffic can be ensured. The term “road” here refers to a place where, in reality, a large number of unspecified persons or an open area for the passage of vehicles, has the public nature of the right of general traffic police for the purpose of maintaining traffic order, etc., and a place where a specific building is used only by a specific person or a related person is managed independently (see Supreme Court Decisions 92Do162, Oct. 9, 1992; 92Do3046, Mar. 12, 1993, etc.). The following facts are acknowledged according to the evidence submitted: