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(영문) 서울북부지방법원 2016.04.21 2015고단4725

교통사고처리특례법위반등

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. Around November 18, 2015, the Defendant violated the Road Traffic Act (unlicensed Driving) driven a CEF rocketing car from the Seongbuk-gu Seoul Seongbuk-ro 52-ro, Seongbuk-gu, Seongbuk-gu, Seoul to the front side of the 40 Korean National Bank Haakdong-dong, Seongbuk-gu, Seoul, without a vehicle driver’s license.

2. The Defendant violated the Guarantee of Automobile Compensation Act: (a) around the day indicated in paragraph (1), from Seongbuk-gu, Seongbuk-ro 52-ro, Seongbuk-gu, Seongbuk-gu, Seoul to the front side of the 40-ro, Seongbuk-gu, Seongbuk-gu, Seoul, the Defendant driven the said car without mandatory insurance at approximately 1.5 km section from Seongbuk-gu, Seongbuk-gu, Seoul to the front side of the 4

3. Violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents and the Defendant is a person engaging in driving a CMF rocketing car.

On November 18, 2015, the Defendant driven a car without a driver's license as above 20:45 on November 18, 2015, and proceeded along three-lanes with a shooting distance range at the entrance of Seongbuk-gu Seoul, Seongbuk-gu, Seoul, along the front road of Seongbuk-gu, according to the Hansung River basin, and changed the course into two-lanes.

At that time, there are nights and rains, so that the defendant engaged in driving of a motor vehicle is likely to impede normal traffic of other motor vehicles running in the direction of the change, he/she shall not change his/her course, and he/she has a duty of care to operate the direction in advance to give notice of change of course and to prevent accidents by safely changing the lane and preventing accidents by driving the direction in advance.

Nevertheless, as the Defendant neglected this and proceeded along the two-lanes of the same direction by changing the two-lane, the Defendant received the body vehicle's right side after going through the driving G of the Victim F (36) driving in the same direction from the front part of the Defendant driving vehicle, and caused the victim to suffer the injury of the chill and the tension in need of treatment for about two weeks.