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(영문) 대전지방법원 2016.09.21 2016고단2109
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On May 4, 2016, the Defendant was sentenced to four months of imprisonment for a violation of road traffic law (unlicensed driving) at the Daejeon District Court on May 4, 2016, and two years of suspended execution and became final and conclusive on May 12, 2016.

1. The Defendant is a person who is engaged in driving a B car rental car in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents and the Road Traffic Act (unlicensed driving).

On March 25, 2016, the Defendant driven the said car without obtaining a driver's license from around 22:10 on March 25, 2016, and continued to run the said car into a mountainside located on the surface of the paddy-gu, Daejeon Metropolitan City.

At the time, since the vehicle was stopped at night and at the front, there was a duty of care to reduce the speed by checking well the front door, and to ensure the safety distance from the front, to prevent the accident in advance.

Nevertheless, the Defendant neglected to do so and proceeded with the Defendant’s negligence, thereby resulting in the Defendant’s failure to drive the Victim C (40 Do) which was stopped at the front line of the said car. The Defendant followed the Defendant’s Doz car, which was driving at the front line.

Ultimately, the Defendant by such occupational negligence inflicted injury on the victim C, such as the chills and tensions in need of approximately three weeks of medical treatment, and suffered injury on the victim E (V, 31 years of age), who was on the said benz’s car, for about four weeks of medical treatment.

2. The Defendant violated the Guarantee of Automobile Compensation Act: (a) drive B car with no mandatory insurance at the date and place specified in the foregoing 1. Paragraph (1).

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol against C and E;

1. A traffic accident report;

1. Each written diagnosis;

1. The driver's license ledger;

1. Previous convictions: Inquiry into criminal history and application of Acts and subordinate statutes of investigation report (Attachment to the same type of judgment);

1. Criminal facts;

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