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(영문) 대구지방법원 포항지원 2019.01.10 2018고단1315

교통사고처리특례법위반(치상)등

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[Criminal Power] The Defendant, at the port support of the Daegu District Court on May 16, 2018, was sentenced to two years of suspension of the execution of eight months of imprisonment with prison labor for violating the Road Traffic Act (unlicensed Driving), and the judgment became final and conclusive on May 24, 2018 and is still under suspension of the execution.

【Criminal Facts】

The defendant is a person who is a holder of the BM5 vehicle and is engaged in driving the vehicle.

1. On June 3, 2018, the Defendant violated the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) and the Road Traffic Act (Free Driver’s License) operated the said vehicle without obtaining a driver’s license on June 14:32, 2018, and operated the said vehicle at the intersection of D three-way distance in north-gu C at the port of the port to turn to the police box of the deceased at the port.

At the time, the passage was low time, and there was an intersection where traffic control was not performed, so there was a duty of care to safely drive a person engaged in driving a motor vehicle by checking well the right and the right of the motor vehicle.

Nevertheless, the Defendant did not discover the H-cracked car of the victim G(24 years old) who was going to the port of the said SM5 car and did not turn to the left without looking at the surrounding part, and instead did not find the said SM5 car to the right side of the said SM5 car.

Ultimately, the Defendant suffered injury to the victim by occupational negligence, such as finite finites in need of treatment for about two weeks.

2. The owner of an automobile violating the Guarantee of Automobile Accident Compensation Act was prohibited from operating an automobile which is not covered by mandatory insurance, but the Defendant operated the said automobile without mandatory insurance at the date and place mentioned in the foregoing paragraph 1.

Summary of Evidence

1. Defendant's legal statement;

1. Each G statement;

1. A report on traffic accidents and a report on actual condition;

1. Registers of driver's licenses and mandatory insurance;

1. A photo and a medical certificate at the accident site;

1. A previous conviction in judgment: