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(영문) 의정부지방법원 2015.05.07 2015고단366

교통사고처리특례법위반등

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The prosecution of this case is dismissed.

Reasons

1. Summary of the facts charged

A. Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents, Violation of the Road Traffic Act (Unlicensed Driving), and the Road Traffic Act is a person who is engaged in driving of B B cargo vehicles.

On November 28, 2014, the Defendant driven the Poter freight without a driver's license of a motor vehicle on November 28, 2014, and turned back from the entrance side of the required mountain road crossing at the front of the two-lane distance crossing at the peace-based 2910 road at the same time.

At night, the victim C(36 years old) driving was stopped for the signal waiting at the back of the cargo of the defendant, and thus, the driver of the vehicle has a duty of care to safely drive the vehicle by accurately manipulating the steering gear, brake device, etc.

Nevertheless, the Defendant neglected to do so and received the front part of the rocketing passenger car due to the negligence of the Defendant, following the Defendant’s cargo vehicle.

As a result, the Defendant suffered injury to the victim, such as catum dump, which requires approximately two weeks of medical treatment due to occupational negligence as above, and at the same time, damaged the damaged vehicle to the extent of KRW 1,109,288, such as exchanging the damaged vehicle with the previous one.

(b) No automobile which is not covered by mandatory insurance in violation of the Guarantee of Automobile Accident Compensation Act shall be operated on a road;

Nevertheless, the defendant operated B Poter freight cars which are not covered by mandatory insurance at the time and place mentioned in Paragraph 1.

2. According to the records, the Defendant died on January 27, 2015, which was prior to the instant indictment, and thus, the instant public prosecution is dismissed pursuant to Article 327 Subparag. 2 of the Criminal Procedure Act.