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(영문) 서울남부지방법원 2019.01.10 2018고단1718

도로교통법위반등

Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

【Criminal Power】 On February 13, 2018, the Defendant was sentenced to imprisonment with prison labor for the violation of the Road Traffic Act (unlicensed Driving) at the Ansan District Court’s Ansan Branch on February 13, 2018, and the judgment on August 17, 2018 became final and conclusive.

【Criminal Facts】

1. Around January 19:25, 2018, the Defendant violated the Road Traffic Act (free license) driving of B-wing three cargo vehicles without a vehicle driver’s license at a section of about 16 km from the front of the mountain basin in the Gangseo-gu Seoul Metropolitan Government, to the Seo-gu, Guro-gu, Seoul, to the Seo-gu, the 68-west route.

2. The Defendant violated the Road Traffic Act, at the time and time as described in paragraph 1, led to a two-lane of the two-lanes of the 68 Western Road from the Guro-gu Seoul Metropolitan Government, to an insular speed from the high-speed bank to the safe-speed bank.

In such cases, a person engaged in driving of a motor vehicle has a duty of care to safely drive the motor vehicle by driving on the front side and securing a sufficient safety distance with the motor vehicle ahead.

Nevertheless, the Defendant neglected this and failed to keep the safety distance and operated the D SP car which was driven by the victim C (W, 22 years old) as it was due to the negligence of driving without securing the safety distance, and did not avoid it, and received the part of the Defendant’s cargo vehicle behind the victim’s vehicle.

Accordingly, the defendant damaged the victim's spawn car to be approximately KRW 395,608 for repair cost.

3. No person who violates the Guarantee of Automobile Accident Compensation Act shall operate any motor vehicle on a road which is not covered by mandatory insurance;

Nevertheless, the Defendant operated three cargo vehicles with B, which was not covered by mandatory insurance at the time and place specified in Paragraph 1.

Summary of Evidence

1. Defendant's legal statement;

1. C's statement on the occurrence of traffic accidents;

1. A traffic accident report (2) and a traffic accident occurrence report;

1. Registers of driver's licenses;

1. Written estimate;

1. Mandatory insurance policies;

1. Previouss before judgments: Criminal records, correspondence records, summary orders, and application of Acts and subordinate statutes; and