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(영문) 대전지방법원 서산지원 2018.06.28 2018고단24
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. No person who violates the Traffic Act and the Act on Guarantee of Automobile Compensation shall operate any vehicle which is not covered by mandatory insurance;

On October 12, 2017, around 09:10 on October 12, 2017, the Defendant driven a DNA car which was not covered by mandatory insurance without a driver’s license in front of the C gas station located in Western City B.

2. The Defendant in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) and the Road Traffic Act is a person engaged in driving a DNA car.

On October 12, 2017, around 09:10, the Defendant entered the front road of the gas station C located in Seosan City B from the head of the gas station to the back road.

In this case, a driver of a motor 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 accidents.

Nevertheless, the Defendant neglected to do so, while proceeding without obtaining a driver's license as described in paragraph 1, and proceeded to the court tri-distance distance from the west of the Madembar, as described in paragraph 1, and took the front part of the Felf drive of the victim E (the age of 60) driving, the Felf of the Felf drive, which was the right side of the driver's car, and damaged KRW 2,64,376 of the repair cost, such as the exchange of Lice pans, after the car, and damaged the victim by causing about two weeks of the repair cost.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident-related statement prepared by E;

1. Report on the occurrence of a traffic accident and report on a traffic accident;

1. The driver's license ledger;

1. Inquiry into mandatory insurance;

1. A written diagnosis (E) and a written estimate of general repair costs;

1. Application of statutes on site photographs;

1. Criminal facts under Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (non-licensed driving) concerning the relevant Act, Article 46 (2) 2, the main sentence of Article 8 (main sentence) of the Guarantee of Automobile Damage Compensation Act, and the settlement of traffic accidents;

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