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(영문) 창원지방법원 밀양지원 2016.04.07 2016고단22
교통사고처리특례법위반등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. The Defendant is a person who is engaged in driving a cuss car in B in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents, the Violation of the Road Traffic Act (unlicensed Driving), and the Road Traffic Act.

On December 27, 2015, the Defendant, at around 21:38, went from the side of the Western Corporation, to the Domainel of Domainel C located in Gyeong-gun without the driver's license of a motor vehicle.

At the time, there is a duty of care to pass the intersection by checking the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right of the

Nevertheless, as the Defendant neglected to do so on the front side of the vehicle, the Defendant did not discover the victim E(28) driver’s low-priced car driving from the right side of the Defendant’s running direction to the left side, and did not conflict with the front part of the above damaged vehicle with the front part of the Defendant’s driving vehicle.

Defendant 1 caused injury to the victim by negligence in the course of performing the above duties, which requires approximately two weeks of medical treatment, and at the same time damaged the above damaged vehicle by KRW 3,284,878.

2. A person who violates the Guarantee of Automobile Compensation Act shall not operate a motor vehicle which is not covered by mandatory insurance, but the Defendant, at the time and place as described in paragraph 1, driven a cuss car without mandatory insurance, as described in paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. A medical certificate;

1. Demand for the delivery and payment of automobile parts;

1. The driver's license ledger;

1. Application of Acts and subordinate statutes regarding mandatory insurance;

1. Article 152 subparag. 1 and Article 43 of the Road Traffic Act (non-licensed driving) regarding criminal facts; Article 3 subparag. 1 and proviso of Article 3 subparag. 2 (proviso) of the Act on Special Cases Concerning the Settlement of Traffic Accidents; Article 151 of the Road Traffic Act (the occupation of occupational and actual damage), Article 46(2)2 and main text of Article 8 of the Guarantee of Automobile Compensation Act (the mandatory insurance).

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