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(영문) 대구지방법원 2018.06.21 2018고단968
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a B car rental car.

1. On November 1, 2017, the Defendant was driving a vehicle without obtaining a driver’s license in a section of about 5 km from the front of the Samduk Fire Station located in Sejong-dong, Daegu-gu to the front of the Dong-gu, Seoul-gu, Seoul-gu, Seoul-do, at around 06:30 on the road.

2. Violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) and the Defendant violated the Road Traffic Act (hereinafter referred to as the above paragraph 1), while driving the said car siren car on the two-lanes of the three-lane road in Daegu-gu, Daegu-gu, Seoul-do, without obtaining a driver’s license, and driving it on the three-lanes of the three-lane road, and driving it on the three-lanes of the wave distance, the Defendant was stopped for the signal waiting again.

In this case, the driver of the vehicle has a duty of care to take the front side and left side well and to accurately manipulate the steering and brakes so as to prevent the accident in advance.

Nevertheless, the Defendant was negligent in neglecting this and proceeding at the front direction of the Defendant’s driving of the victim D(26 tax) E, which was parked for the waiting of the signal at the front direction of the Defendant’s driving, and received the rear part of the said Karen car as the front part of the said Karen car.

As a result, the Defendant suffered injury to the victim due to the above occupational negligence during approximately two weeks of medical treatment, and at the same time damaged the above K3 car, which is owned by the victim, so that the repair cost would be equivalent to KRW 569,028.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A survey report on actual conditions;

1. The driver's license ledger;

1. On-site photographs; 1. Medical certificate;

1. Application of the written estimate statutes;

1. 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 (in cases of injury caused by occupational negligence), Article 152 Subparag. 1, 43 of the Road Traffic Act (in cases of non-licensed driving), and the Road Traffic Act.

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