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(영문) 광주지방법원 해남지원 2019.03.28 2018고단446
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for six months.

except that 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 B car in accordance with the Act on Special Cases concerning the Settlement of Traffic Accidents.

On July 3, 2018, the Defendant driven the said car at around 19:20, and led to the two-lanes of two-lanes between the two-lanes on the side of the gate and the surface of the air at the low speed.

If the driver of a vehicle driving the place in a two-lane road section is likely to impede the normal traffic of the vehicle to be changed, he/she has the duty of care not to change the lane.

Nevertheless, the Defendant, without obtaining a driver's license, neglected the above duty of care, and changed the two-lanes into one-lanes without examining the traffic conditions of the two-lanes, and led to a change of the one-lanes in the same direction, the front part of the victim D(32 years old) which was proceeding in the same direction was shocked into the part of the Defendant's car driving seat.

Ultimately, the Defendant suffered approximately three weeks of medical treatment due to the above occupational negligence from the victim’s left-hand sponsor, etc.

2. The Defendant violated the Road Traffic Act (unlicensed Driving) and the Guarantee of Automobile Accident Compensation Act without obtaining a license for the temporary compacting vehicle as stated in paragraph (1). The Defendant driving a BKaf car not covered by mandatory insurance from approximately 2 km to the place specified in paragraph (1).

3. On December 6, 2018, the Defendant violated the Road Traffic Act (unlicensed driving) without obtaining a driver’s license at around 10:45 on December 6, 2018, the Defendant driven approximately KRW 60km from the front of G to the nearby roads in the Hanam-gun, Hanam-gun.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. The register of driver's licenses (referred to 6,32 Nos. 6, 32) of each motor vehicle and the list of evidences of each vehicle.

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