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(영문) 제주지방법원 2014.08.08 2014고단804
교통사고처리특례법위반등
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around 02:00 on March 11, 2014, the Defendant, without a driver’s license, driven a vehicle without registration from approximately 2 km to the front road of the “Yraneung Bank,” which is located in the same Ri in the “Cran tavern” operated by the Defendant at Seopopo City B without a driver’s license.

2. The Defendant violated the Special Act on the Settlement of Traffic Accidents (hereinafter “Special Act”) committed an injury by the victim D (the age 40) who gets on the back seat of the Oralone (the age 40) due to the negligence of neglecting his duty of care to prevent accidents by accurately operating and safely operating the steering gear and brakes from the Heal one’s own view, while driving a road on the front side of the Salone Bank in order to prevent accidents, which is located in the Salone of Salone-si Salone-si Salone-si, Salone-si, Salone-si, Salone-si, Salone-si, one-lane, which is located in the Salone-si, Salone-si, Salone-si, Salone-si, Salone-si, and one-way one-lane.

3. A motor vehicle owner who violated the Guarantee of Automobile Accident Compensation Act operated a motor vehicle without a mandatory insurance policy at the time and place specified in paragraph (1), despite the fact that the motor vehicle owner, when another person’s property is destroyed or damaged due to the operation of the motor vehicle, has subscribed to a liability insurance policy or liability mutual aid policy.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes, such as a survey report on actual conditions, field photographs, the ledger of driver's license, and diagnostic certificate;

1. Relevant legal provisions concerning criminal facts: Article 3 (1) and proviso of Article 3 (2) 7 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, subparagraph 2 of Article 154 and Article 43 of the Road Traffic Act, Article 46 (2) 2 and Article 8 of the Guarantee of Automobile Accident Compensation Act (the point of operation without a license)

1. Commercial concurrence: Articles 40 and 50 of the Criminal Act;

1. Selection of penalty:

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