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(영문) 서울중앙지방법원 2016.08.10 2015고단5768
교통사고처리특례법위반등
Text

A defendant shall be punished by imprisonment for one year.

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 of Bone Starex.

On October 22, 2014, the Defendant driven the above van without a driver's license around 05:17, and proceeded along three-lanes in front of Gangnam-gu Seoul Metropolitan Government with the roads of four-lanes in front of Samsung Station distance from the sports ground room to the 3-lanes of Samsung Station.

Since the location is an intersection where signal, etc. is installed in the front line, it is necessary to confirm whether there is a vehicle passing through the intersection by reducing the speed for a person engaged in driving of a motor vehicle and keeping the front line well and to safely drive the motor vehicle according to the traffic signals.

Nevertheless, the Defendant neglected this and received the front part of the victim D(63) drive E-si driving in accordance with the new subparagraph from the right side to the left side of the proceeding direction by negligence that is straight ahead of the vehicle stop signal, and received the front part of the vehicle driving.

Ultimately, the Defendant suffered, by such occupational negligence, the injury to the victim D, such as cerebral finites that need to be treated for about three weeks, and the injury to the victim F, who is a taxi passenger (hereinafter “F,” 27 years of age), such as the pipe and tension of the part in need of approximately three weeks of medical treatment, and the victim F, who is the taxi passenger (hereinafter “F”).

2. On October 22, 2014, the Defendant: (a) driven the Bone Star Co., Ltd without a vehicle driver’s license on the road near the 5km-dong, Mannam-si, Sungnam-si to the front road in Gangnam-gu, Seoul, at approximately 15 km section from around October 22, 2014 to around the 15 km-dong, Sungnam-si.

3. On October 22, 2014, the Defendant violated the Guarantee of Automobile Compensation Act: (a) around October 22, 2014, the Defendant driven Bone Star Co., Ltd., which was not mandatory insurance on the front of Gangnam-gu Seoul road.

4. An offender also was accompanied by the foregoing vehicle after the occurrence of a traffic accident at the same time and place as the foregoing paragraph 1.

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