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(영문) 의정부지방법원 2020.06.11 2020고정531

교통사고처리특례법위반(치상)등

Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

Some of the facts charged were revised to the extent that it does not undermine the defendant's right of defense.

The Defendant is a person who is engaged in driving a X-F car.

1. On October 24, 2019, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) driving the said vehicle without obtaining a driver’s license on October 15, 2019, led the Defendant to drive the said vehicle in the direction of lushing in front of the village bus stops in Pyeongtaek-gun, Gyeonggi-gun.

The location is a three-distance intersection where traffic is not controlled, and the vehicle volume of the victim D(58 years old) which was conducted in the same direction at the time was left left turn.

In such cases, a person engaged in driving service has a duty of care to prevent accidents that occur due to the safe driving of the vehicle by taking the front into account the situation of the vehicle.

Nevertheless, the defendant, by negligence, tried to overtake the above xex vehicle at the intersection, received the part of the front part of the above xex vehicle as the front part of the above xex vehicle.

Ultimately, the Defendant suffered injury to the victim, which requires stability, medical treatment, etc. for about two weeks due to salt pans, etc.

2. The Defendant violated the Road Traffic Act by causing physical damage equivalent to approximately KRW 11,615,50 to the victim of the repair cost when he/she committed an act under paragraph (1) of the same Article.

3. Violation of the Road Traffic Act (unlicensed Driving) the Defendant driven the above X-ex vehicle without obtaining the driver’s license from G in the temporary border match F in the above paragraph (1) to G in about about 2 km to the above accident site.

4. No owner of an automobile in violation of the Guarantee of Automobile Accident Compensation Act shall operate any automobile on the road which is not covered by mandatory insurance;

The defendant, who is a motor vehicle holder, was driving a motor vehicle that is not covered by mandatory insurance in the same section as the above paragraph (3).