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(영문) 부산지방법원 동부지원 2019.09.18 2019고단834

교통사고처리특례법위반(치상)등

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On October 18, 2017, the defendant was sentenced to two years of suspended sentence for a violation of the Road Traffic Act (non-licensed driving) at the Daejeon District Court on October 18, 2017, and the judgment became final and conclusive on October 26, 2017, and is currently under suspended sentence.

On May 15, 2019, the defendant was sentenced to imprisonment with prison labor for a violation of the Road Traffic Act (unlicensed Driving) in the Busan District Court's branch branch court, and appealed on May 17, 2019 and is still pending in the appellate trial.

"2019 Highest 834"

1. On December 24, 2018, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) and the Road Traffic Act (hereinafter “Road Traffic Act”), driving a XK5 vehicle without obtaining a driver’s license, and driving the vehicle along the intersection in front of the Z association located in Seoan-gu, Seoan-gu, Seoan, Seoan-gu, Y, Seoan-gu, Seoan-gu, pursuant to one-lane.

The location is an intersection in which signal apparatus is installed in the front line, and it is a 3-lane road along which the center line of the yellow real line is installed, and the driver of a motor vehicle has the duty to safely operate the motor vehicle in accordance with the front line, while passing through the center line without the driver's license. However, the defendant violated the red stop signal without the driver's license and entered the intersection beyond the center line, and caused the driver's negligence of entering the intersection beyond the center line, to report the vehicle of the defendant's vehicle driven by the victim AB franchiser of the victim AB (e.g., the 53 years old) who is proceeding to the left left-hand line from the center line to the left-hand line, and thereby, led the above AB franchise driver's vehicle driven by AD and the third cargo vehicle driven by AB of the above AB while driving by AC after the above AB franchise driver's vehicle.

Ultimately, the Defendant caused injury to the victim, such as salt, tension, etc. in need of treatment for about two weeks by occupational negligence as above, and at the same time damaged the victim’s repair cost amounting to KRW 483,868.

2. A defendant who violates the Road Traffic Act (unlicensed Driving) shall not obtain a driver's license, and shall be around 17:00 on December 24, 2018.