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(영문) 인천지방법원 2020.06.23 2020고정846
교통사고처리특례법위반(치상)등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) and the Defendant is a person engaged in driving service BSV125.

On May 21, 2019, the Defendant driving the above Oral Ba, without obtaining a motorcycle driver's license around 22:44 on May 21, 2019, and led the front road of the Incheon Southern-gu, Incheon to turn to the left at the right one-lane of the three-lane distance of active driving.

At the same time, there is a road where signal lights are installed, so in such a case, a person engaged in the driver's duty has a driver's license with the driver's license and has a duty of care to prevent the accident by complying with the signal.

Nevertheless, the Defendant neglected this and received the front part of the Franchisa car driven by the injured party E (Nam, 27 years old) who was directly driven under the new subparagraph, as the front part of the Franchisa car that was driven by the Defendant.

Ultimately, the Defendant suffered injury to the victim, such as salt and tensions, which require approximately two weeks of medical treatment by occupational negligence as above, and at the same time damaged the said small-scale car in an amount equivalent to KRW 5,413,048.

2. The Defendant violated the Road Traffic Act (unlicensed Driving) without obtaining a driver’s license for a section of approximately 1.5 km from the front of the Sonpo-dong, Nam-gu, Incheon Metropolitan City, Seodong-gu to the front road of the Namdong-gu, Incheon Metropolitan City.

3. The Defendant violated the Guarantee of Automobile Accident Compensation Act operated B SV125 Oral Ba, which was not covered by mandatory insurance on a temporary basis as described in the foregoing paragraph 1, as described in the foregoing paragraph 2.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. The actual condition survey report;

1. Registers of driver's licenses;

1. A medical certificate;

1. Written estimate;

1. Mandatory insurance policies;

1. Application of the Acts and subordinate statutes to photographs by cutting down a map, photograph, or video images;

1. Relevant legal provisions concerning criminal facts and special cases concerning the settlement of traffic accidents;

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