beta
(영문) 광주지방법원 2012.11.29 2012고단4087

교통사고처리특례법위반등

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. A person who violates the Act on Special Cases concerning the Settlement of Traffic Accidents and the Road Traffic Act (unlicensed Driving) by the defendant is a person engaged in the driving of B Poter cargo vehicles.

On June 17, 2012, the Defendant driven the above cargo without obtaining a driver's license on June 17, 2012, and led to the front of the road at the entrance of the upper village of the area south-gu, Nam-gu, Gwangju to proceed from the opposite village to the east of the site.

At the time, the Defendant was driving a bicycle driven by the victim C(70 years of age). In such a case, the Defendant had a duty of care to safely proceed by sending a signal by a horn, etc. according to road conditions, and sending the signal to a person engaged in driving service.

Nevertheless, the Defendant neglected to do so and received a part adjacent to the left side of the bicycle driven by the victim with the rear side of the said cargo vehicle by negligence.

As a result, the Defendant suffered injury to the victim, such as 5, 6, and 7 times to the right-hand side in need of treatment for about 6 weeks due to such occupational negligence.

2. No automobile which is not covered by mandatory insurance in violation of the Guarantee of Automobile Accident Compensation Act shall be operated on a road;

Nevertheless, the defendant operated B Poter freight cars which were not covered by mandatory insurance at the time and place mentioned in Paragraph 1.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement on the occurrence of a traffic accident under DNA preparation;

1. The survey report (1) (2) and photographs of the harming vehicles;

1. Inquiry into the register of driver's licenses, and mandatory insurance;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 152 Subparag. 1 and Article 43 of the Road Traffic Act (the point of unauthorized Driving), 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 (the point of occupational negligence or death), Article 46(2) and Article 8 of the former Guarantee of Automobile Accident Compensation Act (Amended by Act No. 11369, Feb. 22, 2012).