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(영문) 대구지방법원 2021.03.17 2020고단545
교통사고처리특례법위반등
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On June 17, 2015, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents and the Road Traffic Act: (a) driven a B car with B carren car on the surface of a person who was a manager of the “D gas station” road located in B in B in B in Musan-si, Busan-si.

Since there is a place where the center line of yellow solid lines is installed, the defendant engaged in driving motor vehicles has a duty of care to safely drive motor vehicles according to the lane without breaking the center line.

Nevertheless, without a driver's license, the Defendant got the front part of the FK5 vehicle driven by the victim E (40) who was driving in the front part of the Defendant's vehicle, while driving the said vehicle without a driver's license, with the negligence of the median line while driving the said vehicle. The Defendant received the front part of the FK5 vehicle driven by the Defendant's vehicle.

As a result, the Defendant caused the victim to suffer injury, such as salt ties for about two weeks of medical treatment by occupational negligence as above, and at the same time damaged the victim’s car so that the amount equivalent to KRW 3,905,730 of repair costs would be equal to KRW 3,90.

2. On June 17, 2015, the Defendant driven the said car rental car without obtaining a driver’s license from the Do near the Do near the Do near the Do in the Jinyang-gu Jinnsan-si, Jinsan-si at around 08:5 on June 17, 2015 to the Do near the Do’s “D gas station.”

3. On June 17, 2015, the Defendant violated the Guarantee of Automobile Compensation Act, and operated the said car sirens car without purchasing mandatory insurance on the “D gas station” on the roads of the “D gas station.”

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. Investigative into the ledger of driver's licenses and the main office;

1. Statement of inspection and maintenance of motor vehicles which are inquired into mandatory insurance, and request for the supply and payment of each motor vehicle parts;

1. An accident scene photograph;

1. Application of Acts and subordinate statutes of a medical certificate;

1. The relevant legal provisions of the Act on Special Cases concerning the Settlement of Traffic Accidents;

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