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(영문) 대전지방법원 2019.05.21 2019고단990
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

1. The Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) was a person engaging in driving a motor vehicle B, who driven the foregoing motor vehicle at around 18:20 on January 18, 2019, and changed the lane to the two-lane while driving the motor vehicle along the two-lane distance from the direction of the common street to the middle network distance. In such a case, a person engaged in driving a motor vehicle without obtaining a driver’s duty of care to safely change the lane by driving the motor vehicle without obtaining a driver’s license even though he/she had a duty of care to safely change the lanes and the left and right of the motor vehicle, and instead negligent in driving the motor vehicle in the two-lane manner, the upper left part of the FOF driven driven by the victim E (the age of 63) who driven the motor vehicle at the right side of the Defendant.

Accordingly, the Defendant suffered injury to the victim, such as the bean bones, which requires treatment for about five weeks due to such occupational negligence.

2. The Defendant violated the Road Traffic Act (unlicensed Driving) at the same date and time as the above 1.7 km, and the Defendant driven the above lacing car without obtaining a driver’s license from the section of about 3.7 km in the middle-gu Incheon Metropolitan City to the accident place under the above 1.7 km.

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

Nevertheless, the Defendant operated the car in the above table, which was not covered by mandatory insurance, at the same time, at the same place as the above 1. paragraph.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. Registers of mandatory insurance and driver's licenses;

1. Application of Acts and subordinate statutes concerning police statements to E;

1. Article 3(1) and the proviso of Article 3(2)7 of the Act on Special Cases concerning the Settlement of Traffic Accidents According to Crimes, Article 268 of the Criminal Act, subparagraph 1 of Article 152 of the Road Traffic Act, Article 43 of the Road Traffic Act, the Guarantee of Automobile Accident Compensation Act.

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