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(영문) 창원지방법원 진주지원 2019.06.14 2019고단129
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

1. The defendant is a person who is engaged in driving a vehicle B and Ⅲ cargo vehicles in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents, the Road Traffic Act, and the Road Traffic Act (unlicensed Driving).

On January 12, 2019, the Defendant driven the above cargo vehicle without a driver’s license on January 12, 2019, and proceeded with the “D” front of the “E” road at Jinju City with the open distance from the “E” side.

At the same time, the victim F (the age of 40) operated a G-to-pubed passenger vehicle on the front side of the lane in which the defendant is driving, so in such a case, the driver of the vehicle has a duty of care to prevent accidents by sufficiently maintaining the safety distance with the front, driving the front section, driving the front section safely.

Nevertheless, the defendant did not secure the safety distance with the front vehicle, and the above vehicle that was driven at the front section of the vehicle due to the negligence that was driven by the defendant without securing the safety distance with the front vehicle, and received the rear part of the above vehicle as the front part of the cargo vehicle.

Accordingly, the Defendant caused by occupational negligence the victim F and the victim H (74 years old) who was accompanied by the said car to suffer injury, such as “satisf and tension,” which requires treatment for each two-day period of time, and at the same time damaged the said car to cover the repair cost of KRW 2,411,473.

2. The Defendant in violation of the Guarantee of Automobile Accident Compensation Act is the holder of the B-wing and Ⅲ Cargo Vehicles.

No person shall operate any motor vehicle which is not covered by mandatory insurance on a road.

Nevertheless, the Defendant operated the foregoing cargo vehicle which was not covered by mandatory insurance at the time and place specified in Paragraph 1.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement;

1. A traffic accident report (1), (2), and photographs related to the accident;

1. The ledger of driver's licenses;

1. Mandatory insurance policy (Order 7 in list of evidence);

1. Written estimate;

1. A medical certificate;

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