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(영문) 대구지방법원 2020.04.22 2020고단374

교통사고처리특례법위반(치상)등

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A defendant shall be punished by imprisonment for not less than eight 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. On September 12, 2019, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) driven B 2 freight cars without a driver’s license on September 12, 2019, and proceeded at a speed of approximately 84-94 km from the surface of the front of the Gumi-si apartment at the time of the Gumi-si c apartment at the speed of about 84-94km from the surface of the front of the Sinmi-si Park

Since there is a limited speed of 60km, the defendant engaged in driving of a motor vehicle has a duty of care to prevent accidents by complying with lanes and restricted speeds, and by accurately operating steering devices and brakes.

Nevertheless, without obtaining a driver’s license, the Defendant neglected to perform the above duty of care at a speed exceeding 20 km per hour, and was negligent in driving the Defendant’s vehicle as it is, the Defendant D (ma, 63 years old) on the front part of the Defendant’s driver’s vehicle driving, which gets a bicycle or a crosswalk on the pedestrian red signal.

After all, the Defendant suffered injury to the victim, such as brain salvin, which requires medical treatment for about two weeks due to such occupational negligence.

2. The Defendant violated the Road Traffic Act (unlicensed driving) and the Guarantee of Automobile Accident Compensation Act, driving the said cargo without obtaining a driver’s license at the time and place specified in paragraph (1).

3. Any person who has taken over a registered motor vehicle shall file an application for registration of transfer of ownership with a City/Do branch office;

Nevertheless, on February 11, 2019, the Defendant purchased the cargo vehicle from E from the French land to KRW 200,000, but did not apply for the registration of transfer by September 12, 2019.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement of E and D;

1. A report on the occurrence of a traffic accident, a actual survey report, and a traffic accident analysis report;

1. Registers of driver's licenses and disqualified meetings of the main office;

1. Mandatory insurance policies;

1. Automobile books;

1. Each photograph;

1. The application of the law of the medical certificate.