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(영문) 대구지방법원 2016.06.16 2015고단2846
자동차손해배상보장법위반등
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

1. The Defendant is a person engaging in Cunst Motor Vehicle Driving Service.

On April 18, 2014, around 17:00, the Defendant driven the said car without the driver’s license, and operated the said car on a zero-tent side from the front side of the racing.

In this case, the driver of the vehicle has a duty of care to prevent the accident in advance by driving the vehicle safely while driving the vehicle in a safe manner by making it difficult for the driver of the vehicle to stop at the front of the tri-distance intersection.

Nevertheless, the defendant's negligence caused the collision between the victim D (at the age of 31) operating in front of the passenger vehicle in front of the defendant's driver's vehicle by negligence and the defendant's driver's negligence, and the back part of the motor vehicle in front of the vehicle in front of the defendant's driver's vehicle.

In the end, the Defendant suffered injury to the victim, such as salt, tension, etc., of the chill that requires approximately two weeks of medical treatment.

2. On April 18, 2014, the Defendant driven a 30km car without obtaining a driver’s license from a shot on April 17, 2014 to a 30km section from a shot-si, Sincheon-si, Northern-si, Cheongcheon-si, without obtaining a driver’s license.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A traffic accident report;

1. A survey report on actual conditions;

1. A medical certificate;

1. Application of Acts and subordinate statutes to investigation reports (Attachment to the register of driver's licenses);

1. Article 3(1) and the proviso to Article 3(2)7 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 152 Subparag. 1 and Article 43 of the Road Traffic Act concerning criminal facts;

1. Article 37 (former part), Article 38 (1) 2, and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes had the record of being punished several times due to a fine for driving without a license or suspension of execution.

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