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(영문) 광주지방법원 2014.05.01 2013고단6208
교통사고처리특례법위반등
Text

A defendant shall be punished by imprisonment for six months.

The application for compensation of this case is dismissed.

Reasons

Punishment of the crime

1. The Defendant in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents is a person who is engaged in driving a DNA car.

On August 10, 2012, the Defendant driven the said car without obtaining a driver’s license on August 17, 2012, and led the Defendant to drive the said car at a scam speed from the 4rd place to the 4rd place on the northwest-gu, Gwangju.

Since there is a sign of the accident multi-faceted road, a person engaged in the driving of a motor vehicle has a duty of care to prevent accidents by accurately manipulating the steering direction and brake system.

Nevertheless, the Defendant, while making a mobile phone call, took the front part of the road boundary point installed at the right side of the running direction by negligence while neglecting the above duty of care, and plucked and plicked hand to the center line. On the contrary part, the Defendant reported the vehicle that proceeds from the opposite part, and again carried the vehicle on the opposite part, carried the road boundary point installed at the right side with the front part of the said vehicle, cut off the road boundary point out of the road, thereby causing the victim C(49 years old) who is the passenger, to suffer the injury of the middle alley head (closed) in need of about four weeks of treatment.

2. The Defendant violated the Road Traffic Act (free license) without obtaining a temporary driver’s license as stated in paragraph (1) and driving a Dsan PP car at approximately 5 km section from the front of the “Forest Culture School” to the place indicated in Paragraph (1) of this Article.

Summary of Evidence

1. Defendant's legal statement;

1. Each part of the statement of the police suspect interrogation protocol against the accused (including the substitute part);

1. Statement made to C by the police statement;

1. A report on traffic accidents and a report on actual condition;

1. A written diagnosis and written estimate;

1. At the site of the accident, vehicle photographs, and photographs on the site of the accident;

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