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(영문) 제주지방법원 2019.10.23 2019고단1246
교통사고처리특례법위반(치상)등
Text

Defendant shall be punished by imprisonment with prison labor for ten months and by a fine of thirty thousand won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

1. On May 11, 2019, the Defendant violated the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) and the Road Traffic Act (hereinafter referred to as the “Road Traffic Act”), who is engaged in driving of B motorcycles, was driving the said motorcycle at around 10:10, and driven the front of the instant motorcycle C at the right from the stimulging side of the Western.

Since there is an intersection where traffic control is conducted by signal apparatus in the front side, there was a duty of care for a person engaged in driving service to drive safely according to the signals.

Nevertheless, without obtaining a driver's license for a driver's license for a motor vehicle neglected to do this, the Defendant obtained the left side part of the victim E (the age of 76)'s motor vehicle driving from the right side of the course to the left side of the defendant's motor vehicle due to the negligence of entering the intersection and proceeding the signal of the front side, while the signal of the front side was red.

As a result, the Defendant suffered from the injury of light salt teams, etc., which requires three weeks of medical treatment due to the above occupational negligence, and at the same time damaged the victim’s car to cover approximately KRW 4,00,000 due to the damage to the left-hand door.

2. The Defendant is the owner of a B motorcycle in violation of the Guarantee of Automobile Accident Compensation Act and the Road Traffic Act (unlicensed driving).

Although the owner of a motor vehicle is prohibited from operating a motor vehicle on the road which is not covered by mandatory insurance, the defendant, at around 10:10 on May 11, 201, operated the motor vehicle without obtaining a driver's license for the motor vehicle, driving the motor vehicle for which he/she failed to purchase a mandatory insurance, by driving the motor vehicle on the front of the D motor vehicle located in Seopopo City C.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. Registers of driver's licenses and mandatory insurance;

1. Application of Acts and subordinate statutes to a written diagnosis and estimate;

1. Relevant provisions concerning facts constituting an offense;

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