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(영문) 전주지방법원 2015.08.25 2015고단868

교통사고처리특례법위반등

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A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around May 22:46, 2015, the Defendant driven a motor vehicle to be observerd without obtaining a driver’s license from a section of about 1 km from the roads front of the Alley-gu Seoul Metropolitan Autonomous City 1, Jin-dong to the roads front of the Dart in the same Gu C from May 5, 2015.

2. The Defendant in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents is a person engaging in driving a passenger car as specified in paragraph (1).

At around 22:46 May 5, 2015, the Defendant proceeded along the two-lane road in front of the Datae-gu Seoul Metropolitan City, Chungcheongnam-gu, with one-lane distance from the edge of the Gata-gu, Seoul Metropolitan City to the Gata-do.

At the time, there was a person crossing the road at night, and in such a case, there was a duty of care to make a person engaged in driving of a motor vehicle look at the front door well, and to accurately manipulate the steering gear and prevent the accident from occurring.

Nevertheless, the defendant neglected to drive the above vehicle without obtaining a driver's license and was negligent in driving the vehicle and driving it on the right side of the defendant's driving direction to the left side of the victim F (Y, 68 years old).

Ultimately, the Defendant caused the victim to suffer injury, such as the pelle of the right-side executives who need approximately 14 weeks of medical treatment by occupational negligence as above.

3. No person who violates the Guarantee of Automobile Accident Compensation Act shall operate any automobile which is not covered by mandatory insurance;

Nevertheless, the Defendant operated the said car without mandatory insurance at the time and place specified in Paragraph 1.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. A traffic accident report, an accident-related photograph, and a report on the occurrence of a traffic accident;

1. The register of driver's licenses, and