Defendant

Kim Jong-Gyeong et al. (prosecutions) and two others (public trial)

Attorney Jeong Jong-soo (National Assembly)

Defendant shall be punished by imprisonment without prison labor for not less than five months.

Of the facts charged in this case, the prosecution against the violation of the Road Traffic Act is dismissed.

On December 21, 2011, the Defendant was sentenced to four months of imprisonment for a violation of the Road Traffic Act (unlicensed Driving) at the Cheongju District Court on December 21, 201, and one year of a suspended sentence, and the suspended sentence became final and conclusive on May 12, 2012, and has the record of three times of a violation of the Road Traffic Act (Unlicensed Driving).

[2012 Highest 2363]

1. Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents and the Road Traffic Act;

On September 25, 2012, the Defendant, without a driver’s license (vehicle No. 1 omitted) on September 11:50, 2012, driven a free motor vehicle (vehicle No. 1 omitted) and proceeded at about 50 km from the side of the Cheongju Educational University at the Cheongju Educational University, in two-lanes in front of the Suwon-gu, Suwon-gu, Suwon-si, Suwon-si, which is located.

At this point, a distance crossing with a signal, and in such cases, a person engaged in driving of a motor vehicle has a duty of care to prevent accidents by accurately manipulating the front door and signal, and by accurately manipulating the steering and brake system.

However, due to the negligence of wrong operation of the operation of the operation system while neglecting this, the Defendant, at the same lane as the Defendant, obtained the rear panion of the victim non-indicted 1 (year 49) driving (vehicle No. 2 omitted) who was stopping in the above signal atmosphere from the same lane as the Defendant, as the front panion of the Defendant’s driver’s vehicle, and caused the victim to suffer approximately a week medical treatment due to the shock.

2. Violation of the Guarantee of Automobile Accident Compensation Act;

The Defendant owned the said (vehicle No. 1 omitted) car, and operated the said car at the time and place specified in the foregoing paragraph (1) without mandatory insurance for the said car from September 22, 2011.

[2012 Highest 2408]

On October 14, 2012, the Defendant, without a driver’s license on October 14, 2012, driven (vehicle No. 1 omitted) an automobile without mandatory insurance from the Defendant’s house located in the Heung-gu Seoul Metropolitan Government without a driver’s license on October 14, 2012 to the front of the Korean lighting located in Cheongju-dong.

[2012 Highest 2503]

On November 1, 2012, at around 10:20 on November 1, 2012, the Defendant, without a driver’s license, driven a motor vehicle (motor vehicle No. 1 omitted) without mandatory insurance from the Defendant’s house located in the Cheongju-si (hereinafter omitted) to the front road of the ○○ pharmacy located in the ○○○-dong, Chungcheongnam-gu.

1. Statement of each of the accused in court;

1. Each police statement made against Nonindicted 1, 2, and 3

1. Reports on the occurrence of each traffic accident;

1. Each report on actual condition;

1. Mandatory insurance policies;

1. Registers of driver's licenses;

1. A copy of a medical certificate;

1. Previous records of judgment: Criminal records, inquiry reports, investigation reports, and copies of each judgment;

1. Article applicable to criminal facts;

Article 3(1) and proviso of Article 3(2)7 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 46(2), the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act, Article 152 subparag. 1, and Article 43 of the Road Traffic Act

1. Selection of punishment;

Selection of imprisonment without prison labor (Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents)

Imprisonment (the violation of the Road Traffic Act (the driving without a license) and the violation of the Guarantee of Automobile Accident Compensation Act)

1. Aggravation for concurrent crimes;

Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act

Although the defendant is in profoundly against the criminal facts, it is considered that he/she again committed the crime of this case while he/she was sentenced to suspended sentence due to the same kind of crime.

1. Summary of the facts charged

On November 1, 2012, 10:20 (vehicle No. 1 omitted) the Defendant was driving a franchise and brought to the left to the left of the So-gu Elementary School while driving a two-lane road of the two-lanes in the front of the Heungdong-gu ○○ Contracting State located in the Heungdong-gu, Chungcheongnam-gu, Chungcheongnam-gu, Cheongju, along two-lanes from the ○○○ Contracting State located in the middle of the postal concentration.

In such cases, the defendant neglected his duty of care to drive safely while paying attention to the situation of another vehicle according to the left-hand turn line, but failed to give a right-hand turn at the two-lane, and failed to properly operate the steering and operating operation system, and caused the victim non-indicted 3's (vehicle No. 3 omitted) driving (vehicle No. 3 omitted), who proceeded with one-lane of the above road, to receive the right-hand part of the front-hander of the driver's vehicle, and damaged the car of the driver by exchanging the front-hander with the repair cost of KRW 815,426.

2. Determination

This part of the facts charged is a crime falling under Article 151 of the Road Traffic Act, which cannot be punished against the victim's express intent pursuant to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents. According to the records, it can be acknowledged that the victim non-indicted 3 submitted a written agreement to the effect that he does not wish to punish the defendant after the prosecution of this case is instituted. Thus, the prosecution of this case is dismissed in accordance with Article 327 (6) of the Criminal

It is so decided as per Disposition for the above reasons.

Judges Choi Min-ho