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(영문) 제주지방법원 2018.11.12 2018고단769
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for not less than eight 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. Violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) is a person who is engaged in the operation of a passenger car in Cmea.

On March 24, 2018, the Defendant driven the said car without obtaining a driver's license on March 19, 2018, and led the intersection of the front street in D at Jeju to the same intersection from the side of the Western Public Health Center.

Since there is an intersection where a yellow on-and-off signal is installed, there was a duty of care to prevent accidents in advance by driving safely, such as reducing the speed and temporarily stopping a vehicle to a person engaged in driving a motor vehicle, and confirming whether there is a vehicle passing through the intersection.

Nevertheless, the Defendant neglected to do so and proceeded at a speed without reducing the speed, and received the part after the left side of the Victim F (21 Do) driving of the G rocketing car, which is proceeding from the opposite side of the Madra car, from the victim F (21 Do) to the Madra car, following the Defendant’s operation of the said part.

Ultimately, the Defendant suffered from the injury of the victim F and the victim H (20) and the victim I (20 years old) who were on board the said rocketing car with the aforementioned occupational negligence, respectively, for about two weeks of medical treatment.

2. Violation of the Road Traffic Act (after the accident) by causing a traffic accident as described in paragraph (1) at the time and place specified in paragraph (1), the Defendant did not take a measure at the time of the occurrence of the traffic accident, even though the Defendant destroyed and damaged the G rocketing car owned by the victim, Geum River Cita, Inc., about KRW 1,491,89, for repair costs, such as the exchange of pan-cirs.

3. On March 24, 2018, the Defendant violated the Road Traffic Act (unlicensed driving) driving at around 19:10 on March 24, 2018, the Defendant driven a car with Cme off without obtaining a driver’s license from the front line of J to the front line of the same Eup/Myeon name located in the same Eup/Myeon name.

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