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(영문) 대전지방법원 천안지원 2013.08.05 2013고정636

교통사고처리특례법위반등

Text

Defendant shall be punished by a fine of KRW 4,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

1. Around 11:00 on March 18, 2013, the Defendant violated the Road Traffic Act (unlicensed Driving) driving, without a driver’s license, driven B rocketing car from approximately 1km to the roads front of the Cheongwon-dong, Chungcheongnam-dong, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu, to the roads front of the same female and witness churches.

2. The Defendant violated the Guarantee of Automobile Accident Compensation Act, around 11:00 on March 18, 2013, driving the said rocketing car, which was not covered by mandatory insurance at a section of about 1 km from the front day of the Cheongwon-dong, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu to the front day of the church of the said Cheongwon-dong and the witness.

3. Around 11:00 on March 18, 2013, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (hereinafter “Special Cases”), driving the said rocketing car, and driving the three-lane road in front of the church of the Cheongsudong-dong, Chungcheongnam-gu, Chungcheongnam-gu, Seocheon-gu, Seocheon-gu, with three-lane a speed of 20km from the Cheongsu-dong, the Cheongsu-dong, the lower end of the road.

In such cases, there was a duty of care to check and drive the safety of the vehicle driver by checking well the front left left.

Nevertheless, the Defendant neglected this and took part of the front wheelchairs of the victim C (year 72) who was under way in front of the Defendant due to the negligence of the Defendant, thereby causing injury to the victim, such as the cutting of the body body and the cutting of the body of the victim who was under way at the front of the said vehicle for about eight weeks.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. A medical certificate;

1. Details on sending the cancellation of license;

1. Registers of driver's licenses;

1. Application of Acts and subordinate statutes on mandatory insurance;

1. Relevant Article of the Act on Special Cases Concerning the Settlement of Traffic Accidents, Articles 152 subparagraph 1 and 43 of the Road Traffic Act (the point of licenseless driving), Article 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act (the point of operating cars which are not mandatory insurance), Article 3 (1) of the Act on Special Cases Concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, each of them shall be applicable;