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(영문) 울산지방법원 2018.03.13 2017고단1184
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Criminal facts

1. On April 2, 2017, the Defendant violated the Road Traffic Act (unlicensed driving) driving the B Poter Cargo in the section of approximately 12 km without a driver’s license from small-scale 16:20 square meters from the Seogju-gun, Ulsan-gun, Ulsan-gun, to the on-road road in the same military 432 km-ri Eup/Myeon, and from the 12km section without a driver’s license.

2. Violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) and the violation of the Road Traffic Act (hereinafter referred to as the “Road Traffic Act”) were committed by the Defendant on the part of his occupational negligence, when the Defendant neglected to secure the safety distance while driving the said cargo vehicle at a speed of about 20 km from the two-lanes of the road along the speed of 20 km toward the road in the direction of the Defendant, along the two-lanes of the two-lanes of the road in both sides of the road in the direction, while neglecting to secure the safety distance, the lower part of the vehicle driven by the Defendant was driven by the victim C (32 years old) who driven the truck in front of the Defendant’s freight vehicle.

As a result, the defendant suffered injury to the victim E (the 23 years old), who is a passenger of the passenger car with the victim C, by causing approximately two weeks of injury to the victim C (the 2 years old), who is a passenger of the above car, in need of medical treatment of each of three weeks, such as dump and tension, and at the same time, damaged the above vehicle to be repaired by the repair cost such as exchange of the vehicle with the driver.

3. The Defendant violated the Guarantee of Automobile Damage Compensation Act, at the time and place specified in paragraph (1), operated the foregoing cargo vehicle, which was not covered by automobile mandatory insurance.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. C’s statement;

1. Fact-finding survey report, field photograph, each diagnosis report, driver's license ledger, and inquiry into mandatory insurance;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Article 3(1) and the proviso to Article 3(2)7 of the Act on Special Cases concerning the Settlement of Traffic Accidents; Article 268 of the Criminal Act; Article 152 Subparag. 1, 43, and 151 of the Road Traffic Act; Article 46(2)2 and the main sentence of Article 8 of the Guarantee of Automobile Compensation Act concerning criminal facts;

1. Articles 40 and 50 of the Commercial Concurrent Crimes Act (Article 2 of the Decision 2 of this Decree)

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