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(영문) 전주지방법원 2013.11.27 2013고단1842
교통사고처리특례법위반등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

1. On July 28, 2013, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents, the Road Traffic Act (Unlicensed Driving) and the Road Traffic Act (hereinafter “Road Traffic Act”) and the Defendant are vehicle drivers. On July 28, 2013, the Defendant driving the said vehicle without a vehicle driver’s license and driving the said vehicle at a speed of about 21 to 30 km speed from the back of the English Institute of English at a speed of about 21 to 20 km speed from the back of the English Institute of Foreign Sciences.

Since there is no signal signal, the width of the intersection is larger than that of the road along which the Defendant’s vehicle passes, the Defendant who drives the vehicle shall yield the course to the other party, and the Defendant has the duty of care to check whether there is a vehicle crossing by temporarily reducing or temporarily stopping the speed.

Nevertheless, without a driver's license, the defendant neglected this and did not avoid the MF7 car of the victim D (the age of 26) driving on the left-hand side from the right-hand side of the defendant's running direction and did not change the front side of the damaged vehicle into the front side of the damaged vehicle.

Ultimately, the Defendant suffered injury to the victim E (the 24 years old), who is a driver of the victimized vehicle, due to the above occupational negligence, such as salt, tensions, etc. of the bones of trees requiring approximately two weeks medical treatment, and at the same time damaged the damaged vehicle so that KRW 2,814,530 of its repair cost can be taken.

2. The Defendant violated the Guarantee of Automobile Accident Compensation Act: (a) the owner of a passenger car by franchise; (b) the owner of a motor vehicle not covered by mandatory insurance was prohibited from operating the motor vehicle on the road; and (c) the said motor vehicle was operated without mandatory insurance at the date and place specified in paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. The actual survey report on traffic accidents, on-site evidence and photographs;

1. The ledger of mandatory insurance, and driver's licenses;

1. Each written diagnosis and written estimate;

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