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(영문) 서울남부지방법원 2014.10.23 2014고단3162
교통사고처리특례법위반등
Text

A defendant shall be punished by imprisonment for not more than ten 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. A defendant who violates the Act on Special Cases concerning the Settlement of Traffic Accidents and the Road Traffic Act is a person who is engaged in driving a rocketing motor vehicle;

On 18:30 on 21, 2014, the Defendant, at the additional rate of Geumcheon-gu Seoul Metropolitan Government, continued the intersection of 50 Dominsan 1, 1,000, in front of 30 Dominsan 1,000, from the two sides of the sloping building, at an

Since there is a large traffic volume, in such cases, a person engaged in driving service has a duty of care to live well in the front and rear sides and to drive.

Nevertheless, due to the negligence of neglecting this, the injured party C(n, 38 years old)'s driving DSS5 car running in the direction of the Defendant's right side of the part of the Defendant's vehicle, which led to the collision between the injured party's 1,495,66 won and the injured party E(n, 2 years old) in need of approximately 2 weeks of treatment, such as salt salvating part, etc., and the injured party E(n, 2 years old) suffered the injured vehicle's injury in need of multi-lurry treatment, and at the same time, damaged the damaged vehicle's repair cost to be KRW 1,495,66.

2. The Defendant violated the Road Traffic Act (unlicensed driving) driving the said stunst vehicle without a driver’s license in a section of about 4 km from the front day of the Mandong located in Geumcheon-gu to the front day of the Geumcheon-gu Seoul Metropolitan Government Do Community Credit Cooperatives.

3. The Defendant violated the Guarantee of Automobile Accident Compensation Act: (a) operated the rocketing car not covered by mandatory insurance at the same date and place as stated in paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. A written statement prepared in C;

1. The actual condition survey report;

1. Registers of driver's licenses;

1. Mandatory insurance policies;

1. Application of each written diagnosis and written estimate under Acts and subordinate statutes;

1. Article 3(1) and the proviso of Article 3(2)7 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 151, subparagraph 1 of Article 152, and Article 43 of the Road Traffic Act, Article 46(2)2 of the Guarantee of Automobile Accident Compensation Act concerning criminal facts;

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