교통사고처리특례법위반(치상)등
A defendant shall be punished by imprisonment for six months.
However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Punishment of the crime
1. On June 24, 2017, the Defendant: (a) driven a B-type cargo vehicle without obtaining a driver’s license from around 17:50 on June 24, 2017 to the road at a point 266 km in the middle of the Daejeon Highway located in the petition of the Cheongju-si.
2. The Defendant violated the Guarantee of Automobile Damage Compensation Act, as the owner of the said cargo vehicle, operated the said cargo vehicle, which did not purchase mandatory insurance at the time and place specified in the above 1. Paragraph.
3. Violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) and violation of the Road Traffic Act (hereinafter referred to as the “Road Traffic Act”), the Defendant driving the said cargo on the designated day-to-day business as indicated in the above paragraph 1. On the other side, the Defendant was driving the said cargo along the two-lanes of the above expressway along the one-lanes of Daejeon. On the other side, it is an expressway located therein, and the victim C(47 years old) driving is driving ahead of the two-lanes. In such a case, the Defendant was obliged to pay a duty of care to prevent accidents in advance by maintaining the safety distance with the vehicle in front and accurately operating the steering and brakes.
Nevertheless, by neglecting to do so without a driver’s license, the Defendant sustained injury to the Defendant’s cargo vehicle in front of the cargo vehicle of the Defendant, resulting in the Defendant’s occupational negligence in receiving the rear part of the said cargo vehicle from the lower part of the Defendant, which requires approximately two weeks of medical treatment, such as brain-dead sugars without any wife in two open areas, and at the same time, damaged the said cargo vehicle of the Defendant in excess of KRW 1,902,950.
Summary of Evidence
1. Statement by the defendant in court;
1. C’s statement;
1. A survey report on actual conditions;
1. Inquiry into the license ledger and mandatory insurance;
1. A written diagnosis and written estimate;
1. Application of Acts and subordinate statutes governing accident scene photographs;
1. Article 3(1) and proviso of Article 3(2)7 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, and Article 152 subparag. 1 of the Road Traffic Act concerning criminal facts.