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(영문) 광주지방법원 2015.09.17 2015고정1347
교통사고처리특례법위반등
Text

1. Defendant shall be punished by a fine of 5,000,000 won;

2. Where the defendant does not pay the above fine.

Reasons

Punishment of the crime

1. On January 2, 2015, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents and the Road Traffic Act: (a) drive a C-learning car without obtaining a driver’s license on January 23, 2015; (b) led the Defendant to drive the C-learning car at a speed of about 40km per hour from the mountainside to the mountainside.

At this point, since the center length is bended by the center line of the yellow-ray, there was a duty of care to safely drive the motor vehicle, such as complying with the vehicle line in the person engaged in the driver's duty of care for the person engaged in the driver's duty of operating the motor vehicle.

Nevertheless, the Defendant neglected this and got the victim D (the age 51) driving E in front part of the E-W-man Driving Vehicle that was going beyond the center line of the yellow-ray, and caused the victim D’s injury such as climatic salt, etc. requiring approximately two-day medical treatment, and at the same time damaged the victim F’s car in excess of KRW 6,211,360 for repair cost.

2. The Defendant did not immediately stop and take necessary measures when a traffic accident occurred, even though the Defendant caused a traffic accident as set forth in paragraph (1) and damaged the victim F-owned car to cover 6,211,360 won.

3. The Defendant violated the Road Traffic Act (unlicensed Driving) without obtaining a driver’s license as prescribed in paragraph (1).

4. The Defendant in violation of the Guarantee of Automobile Accident Compensation Act is a holder of Clearning automobiles.

No automobile owner shall operate an automobile with no mandatory insurance.

Nevertheless, the Defendant operated the automobile which was not covered by mandatory insurance, such as Paragraph 1.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. The actual condition survey report;

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