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(영문) 인천지방법원 2014.05.15 2013고단8496

교통사고처리특례법위반등

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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 of the final judgment.

Reasons

Punishment of the crime

1. The Defendant in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents is a person engaged in driving a C-A-hurd motor vehicle.

On October 26, 2013, at around 13:20 on October 26, 2013, the Defendant driven the sknurged car without a driver's license, and turn to the left at a speed of about 20 km from the right side of the north Port at the speed of sknc energy, depending on one lane in front of the sk petroleum chemical located in Seo-gu, Seo-gu, Incheon.

At all times, traffic control is carried out by signalling, so there was a duty of care for a person engaged in driving a motor vehicle to observe the signal and drive the motor vehicle safely.

Nevertheless, the Defendant neglected this and received the front part of the E K7 vehicle driven by the victim D (year 46) who is proceeding from the opposite line to the north-west speed from the Cheongra District to the north-west, due to the negligence of left-hand turn, even though the Defendant was a straight signal for the Defendant’s moving direction, as the front part of the E K7 vehicle operated by the victim D (year 46).

As a result, the Defendant suffered injury to the victim, such as crypitis, which requires approximately two weeks of medical treatment due to occupational negligence as above.

2. On October 26, 2013, the Defendant violated the Road Traffic Act (unlicensed driving) and the Guarantee of Automobile Accident Compensation Act, without a vehicle driver’s license, from the vicinity of the Southern-gu Incheon Metropolitan City, to the above place, the Defendant driven the said vehicle with soflurt without a vehicle driver’s license.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A report on the occurrence of a traffic accident, a report on actual condition, photographs, requests for issuance of signal cycle tickets, signal cycle tickets to crosssections, and a report on the results of an investigation;

1. Registers of driver's licenses;

1. Mandatory insurance policies;

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

1. Article 3 (1), the proviso to Article 3 (2) 1 and 7 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 152 subparagraph 1 of the Road Traffic Act, and Article 43 of the Road Traffic Act concerning criminal facts;