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(영문) 의정부지방법원 2016.10.07 2016고단2424
교통사고처리특례법위반등
Text

A defendant shall be punished by imprisonment for six 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

The defendant is a driver of a cruise car B.

1. On April 20, 2016, the Defendant violated the Road Traffic Act (unlicensed driving) at around 23:30 on April 20, 2016, without a driver’s license for a vehicle at the front of a bus terminal in front of the bus terminal at the 412 Gao-ri, the Defendant driven the said vehicle at approximately 100 meters.

2. 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 passenger car without mandatory insurance at the time and place specified in Paragraph 1.

3. On April 20, 2016, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents: (a) driven the above-mentioned vehicle on or around 23:30 on April 20, 2016; and (b) proceeded into the intersection of the bus terminal in front of the bus terminal in Gyeonggi-gu.

Since there is a place where traffic is not controlled, there was a duty of care to confirm whether a person engaged in driving of a motor vehicle has a cross-vehicles by reducing speed or temporarily stopping the motor vehicle.

Nevertheless, the Defendant neglected this and went to the right from the left side of the running direction of the Defendant’s vehicle due to the occupational negligence, and received the front part of the D QM5 car driven by the victim C, which was driven by the victim C, as the front part of the Defendant vehicle.

As a result, the Defendant suffered injury to the victim, such as brain injury, which requires approximately three weeks of medical treatment due to such occupational negligence.

4. When it is clearly discovered that a traffic accident was caused without a license at the time, place, as described in Paragraph (1), the Defendant: (a) refers to a female-friendly job offering E, where the chief officer was on the same day and at the same time as stated in Paragraph (1); and (b) refers to “unlicensed rice, but not rice,” and “E” upon the request of Defendant E to make a statement as if Defendant E driven.

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