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(영문) 인천지방법원 2013.05.08 2013고단1113
교통사고처리특례법위반등
Text

A defendant shall be punished by imprisonment for not more than ten 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 of a Croper freight vehicle, in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents and the Road Traffic Act;

On January 21, 2013, the Defendant driven the above cargo vehicle without a driver's license on January 14, 2013, and moved forward to the front of the modern world in Gyeyang-gu, Incheon.

In such a case, there was a duty of care to check the safety of the way for the driver to well check the future.

Nevertheless, the defendant neglected to do so and left after the aftermath of the cargo vehicle, which was driven by the victim D (32 years of age, n) who was standing at the rear of the cargo vehicle in front of the left side of the ER car operated by the defendant, received the back part of the above cargo vehicle operated by the defendant.

In the end, the defendant's occupational negligence caused the victim D's injuries, such as salt panions, which requires approximately two weeks of treatment, to the victim F (55 years of age and female) who was on board the above damaged vehicle, and the victim F (55 years of age and female) who was in need of two weeks of treatment.

2. The Defendant in violation of the Guarantee of Automobile Accident Compensation Act is a holder of a vehicle with a third party freight.

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

Nevertheless, the Defendant operated the foregoing cargo vehicle, which is not covered by mandatory insurance at the same time and place as the above 1.1.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Application of the ledger of driver's licenses and mandatory insurance statutes;

1. Article 3 (1) and the proviso of Article 3 (2) of the Act on Special Cases concerning the Handling of Traffic Accidents by Relevant Acts concerning Criminal Facts, Article 268 of the Criminal Act, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act, Article 46 (2) 2 and 8 of the Guarantee of Automobile Accident Compensation Act (the point of operating a vehicle which has not covered by mandatory insurance);

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Punishment;

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