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(영문) 인천지방법원 2019.02.20 2018고단7519

교통사고처리특례법위반(치상)등

Text

Defendant

A Imprisonment for eight months, and Defendant B shall be punished by a fine of 2,00,000 won.

Defendant

B The above fine.

Reasons

Punishment of the crime

[2018 Highest 7519]

1. Defendant A

A. Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) and the Defendant is a person engaged in driving a vehicle CK5 vehicle.

On March 10, 2018, at around 06:30 on March 10, 2018, the Defendant got to proceed at a speed of about 100 km from the direction of Kimpo-ro along the two-lane road near the walkn-dong of Gyeyang-gu Incheon Metropolitan City.

In such cases, there was a duty of care to properly operate the brakes by properly operating the brakes while living well in the driver of the motor vehicle.

Nevertheless, the Defendant neglected this and failed to properly operate the Jeonju-si and Jeju-do operated the operation system, thereby resulting in the victim D(37 years of age)'s EMW 118D car, which was proceeding at the front of the passenger car.

As a result, the Defendant suffered from the injury of the victim F (W, 29 years old) and the victim G (W, 26 years old), who were on board the victim D and BMW 118d car due to the above occupational negligence, such as salt, tensions, etc., which require approximately two weeks medical treatment, and at the same time, damaged the said BM W 118d car so that the repair cost of KRW 20,050,000.

B. The Defendant violated the Road Traffic Act (unlicensed Driving) without obtaining a driver’s license, driving the said K5 vehicle at a section of about 30 km from Nowon-gu in Seoul Special Metropolitan City to the date, time, place, etc. set forth in paragraph 1(a).

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

Nevertheless, the Defendant operated the said K5 vehicle which was not covered by mandatory insurance at the time and place specified in paragraph 1(a).

Although the defendant was involved in a traffic accident as stated in paragraph (1), the driver's license of the motor vehicle has been revoked due to the past record of drinking driving.