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(영문) 서울북부지방법원 2017.03.23 2016고단4857
교통사고처리특례법위반(치상)등
Text

Defendant shall be punished by a fine of 3.5 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. Around July 21, 2016, the Defendant violated the Road Traffic Act (unlicensed Driving) driving on the road without obtaining a driver’s license on the front road in Seoul Special Metropolitan City, Nowon-gu, and driving C Cost Star (PP) without obtaining a driver’s license on the front road.

2. The Defendant violates the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) is a person who is engaged in the business of driving C Costaex.

On July 21, 2016, at around 07:30, the Defendant was driving the above van that was parked in the above road A without obtaining a driver's license as set forth in paragraph (1) on the front of Seoul Special Metropolitan City, Nowon-gu.

At the time, the Defendant, in order to start the above-mentioned passenger vehicle, went back to the Government from the station side of Ma, and in such a case, the Defendant was obligated to take the back of the vehicle as a person engaging in driving service to accurately manipulate the steering gear and prevent the accident by accurately manipulating the steering gear.

Nevertheless, the Defendant neglected this and received the victim D(36) who was on the rear side of the Defendant’s vehicle located in the front side of the said passenger vehicle when the Defendant was negligent.

Ultimately, the Defendant suffered injury, such as finite finites, which require approximately two weeks of medical treatment, from the victim due to such occupational negligence.

3. On July 21, 2016, the Defendant violated the Guarantee of Automobile Compensation for Damages, operated the said vehicle not covered by mandatory insurance on the front road of Nowon-gu in Seoul Special Metropolitan City, Nowon-gu around July 21, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes that inquire about traffic accidents, a traffic accident report, a written statement of the occurrence of a traffic accident (D), photographs of the scene of the accident, driver's license register, copies of medical certificates, and mandatory insurance;

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 the Act on Criminal Facts, Article 268 of the Criminal Act, Article 152 Subparag. 1 and 43 of the Road Traffic Act, Article 152 of the Road Traffic Act, the Guarantee of Automobile Compensation.

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