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(영문) 서울중앙지방법원 2015.01.30 2014고단10090
교통사고처리특례법위반등
Text

A defendant shall be punished by imprisonment for not less than eight 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. On March 30, 2014, the Defendant violated the Road Traffic Act (unlicensed driving) without obtaining a driver’s license, driving a two-wheeled vehicle from the front of the Defendant’s residence in Gwanak-gu in Seoul Special Metropolitan City (Seoul Special Metropolitan City) to the salary-ro 305, Gacheon-ro 305, Seoul Special Metropolitan City on the road.

2. The Defendant violating the Act on Special Cases concerning the Settlement of Traffic Accidents is a person who has been engaged in driving a two-wheeled motor vehicle.

The Defendant driven the said two-wheeled vehicle at the time and place specified in paragraph (1) above, and proceeded two-lanes in front of the three-lanes in the three-lanes in the direction of the three-lanes in the modern market.

Since there is an intersection where signal lights are installed at the front of that place, in such cases, the driver of the motor vehicle has a duty of care to safely drive the motor vehicle and prevent the accident by driving the motor vehicle in accordance with the traffic signal.

Although the Defendant neglected this and neglected to stop the signal of the front bank, the Defendant was negligent in proceeding in violation of the new subparagraph, and the Victim C (Influence, 27 years old) who was boarding and driving a bicycle at the bend crosswalk, according to the pedestrian signals, received the full part of the above two-wheeled automobile.

As a result, the Defendant caused the victim to suffer injuries, such as kneee knee knee knee knee knee knee kne.

3. No defendant who violates the Guarantee of Automobile Accident Compensation Act shall operate any motor vehicle as a holder of the above two-wheeled motor vehicle, or any motor vehicle which is not covered by mandatory insurance;

Nevertheless, the Defendant operated the two-wheeled automobile that was not covered by mandatory insurance at the time and place mentioned in the above Paragraph (1).

4. The Defendant is a two-wheeled automobile without obtaining a license as described in paragraphs (1) and (2) above.

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